THE POSITION OF FATWA SEEKER (MUSTAFTĪ) WHEN MULTIPLE FATWAS ARE AVAILABLE FOR ONE QUESTION

Abstract

This paper discusses the proper stance of a fatwa seeker (al-mustaftī) when faced with multiple fatwas for a specific issue, especially in our age when channels of learning and knowledge are numerous, throwing lay people who look for legal opinions for their problems into confusion. What makes thing worse is that these platforms have been used by pseudo-scholars and people of innovation and false doctrines. This research resolves the problem of diversity of madhahib (fiqh schools) and their advocates, a problem that fatwa seekers encounter when looking for answers for their issues and questions. This study aims at highlighting some points, including: The position of fatwa seekers towards the multiplicity of fatwās and muftis, people whom a mustftī is prohibited to seek fatwa from, and the rule of Ijtihād (a discretionary legal opinion) reached by a layman (‘amī) when it happens to conform to the ijtihād of a madhhab (fiqh school). The researcher used the inductive approach with the scholars' opinions, and the methods of weighting conflicting views, all in conformity with the research methods and policies adopted by the journal. This paper is composed of an introduction, seven sections and conclusion as the concept of fatwa, the concept of mustafti, people whom a mustftī is prohibited to consult for fatwa, which muftīs should be consulted? can a mustaftī prefer a specific opinion when multiple fatwas are available? when is a mustaftī obligated to follow a specific fatwa? And the validity of an action done by a layman without prior knowledge of its ruling if it happens to be compatible with the Ijtihād of a scholar. Conclusion includes the main findings of the research references.