Desire-Based Fatwas for Friends, Allies and Loved Ones

بسم الله الرحمن الرحيم

In The Name of Allāh, The Most Merciful, The Bestower of Mercy.

Al-Allamah Siddiq Hasan khan, may Allah have mercy upon him, said:

Abridged and paraphrased as follows;

It is not permissible to issue Fatwa in the Religion ordained by Allah based on personal desire

Neither is it permissible for a Mufti to act upon whichever opinion or view he wishes without first assessing which one is stronger and more correct, nor merely give it consideration because it is an opinion from an Imam or another perspective held by a group, thus, acting based on personal desires from other perspectives and opinions because he sees that the opinion agrees with his wishes and interests. This is forbidden according to the consensus of the scholars.

This is similar to the likes of that which Al-Qadhi Abu al-Walid al-Baji mentioned about some individuals in his era who positioned themselves to give fatwas. One of them would say: “What my friend deserves from me is that if he encounters a legal dispute or needs a fatwa, I provide him with a ruling based on the reports that suit him”. He said: “A person I trust (or consider trustworthy) told me about a situation where a group of muftis provided a ruling that would cause him harm, while he was absent. Then when he returned, he inquired directly. They said to him: ‘We were unaware it was you,’ and then they gave him the alternative opinion that benefited him. He said: “There is no difference among those scholars who are relied upon regarding the prohibition of this conduct.”

In summary, it is not permissible to act or issue fatwas in the religion ordained by Allah based on personal desire, selective choice, or catering to one’s interests, such that a person seeks out the opinion that suits his own aims or the aims of those he loves then acts upon it, gives fatwas with it, and judges by it; while against his opponent he gives the contrary ruling and fatwa. This is one of the most immoral types of immorality and among the gravest of major sins. And Allah is the One whose help is sought.

Dhakhr al-Muḥtī min Ādāb al-Muftī pages 98-99. 1st Edition 1441 (2020). Publisher: Maktabah at-Tawbah