Who is qualified to issue a FATWA?
Fatwas should be issued only by trained Islamic scholars. They cannot be issued by self-proclaimed “scholars” or “sheikhs.” Scholars should be trained in Islamic jurisprudence, which is becoming increasingly rare these days, and thanks to the internet, there are many “scholars” issuing fatwas. They should also be well versed on Islamic history, and able to take into account present day situations. Fatwas should not be based solely on personal thoughts or feelings. This is why Islamic jurisprudence is necessary. I am not sure if Muhammad (saws) had anything to say about fatwas, since this was most likely not an issue that he faced in his lifetime.
According to the usul al-fiqh (principles of jurisprudence), the fatwa must meet the following conditions in order to be valid: The fatwa is in line with relevant legal proofs, deduced from Qur’anic verses and ahadith; provided the hadith was not later abrogated by Muhammad(pbuh). It is issued by a person (or a board) having due knowledge and sincerity of heart; It is free from individual opportunism, and not depending on political servitude; It is adequate with the needs of the contemporary world.
