Adab al-Fatwa wa al-Mufti wa al-Mustafti

Adab al-Fatwa wa al-Mufti wa al-Mustafti (The Etiquette of Fatwa, the Mufti, and the Questioner) is a specialized legal treatise by the Shafi'i jurist and hadith scholar al-Nawawi (d. 676 AH / 1277 CE) on the rules, qualifications, and proper conduct governing Islamic legal consultation and adjudication Adab al-Fatwa wa al-Mufti….

Composition and Sources

Al-Nawawi composed the treatise to address the universal need for clear guidance on the protocols of issuing and seeking legal rulings (ifta' and istifta'). In his introduction, he notes that earlier Shafi'i scholars had compiled treatises on the subject, notably Abu al-Qasim al-Saymari, al-Khatib al-Baghdadi, and Ibn al-Salah Adab al-Fatwa wa al-Mufti…. Observing that each of these three predecessors included valuable insights omitted by the other two, al-Nawawi synthesized their works into a concise and comprehensive handbook, enriching it with additional rulings and observations gathered from other Shafi'i authorities Adab al-Fatwa wa al-Mufti…. The text was also incorporated as an introductory section in the extensive opening volume of his major legal compendium, al-Majmu' Sharh al-Muhadhdhab al-Majmu Sharh al-Muhadhd….

Contents and Structure

The book is arranged methodically into chapters addressing the gravity of legal consultation, the qualifications and classes of jurisconsults, the manner of delivering rulings, and the duties of the lay petitioner:

• The Station and Gravity of Legal Consultation: Al-Nawawi emphasizes that issuing fatwas carries tremendous virtue as a communal obligation (fard kifayah) and an inheritance from the prophets, but entails serious risk because the mufti effectively declares rulings on behalf of God Adab al-Fatwa wa al-Mufti…. He documents the extreme caution and hesitation practiced by the Companions and early generations (al-Salaf), citing reports from figures such as Ibn Abi Layla, Ibn Mas'ud, and Ibn 'Abbas concerning the restraint shown when approached for legal opinions Adab al-Fatwa wa al-Mufti….

• Qualifications and Categories of Muftis: The work outlines the essential prerequisites of a mufti—including probity, sound mind, legal aptitude (fiqh al-nafs), and mastery of the primary sources—and distinguishes between the fully independent jurist (al-mufti al-mustaqill) and the affiliated jurist (al-muntasib) Adab al-Fatwa wa al-Mufti…. It delineates five distinct ranks of muftis, establishing that even accomplished dialecticians and legal theorists cannot issue rulings without mastering the positive legal tradition of a school Adab al-Fatwa wa al-Mufti…. It also sets guidelines for circumstances where only a less qualified individual is available to convey recorded opinions to commoners Adab al-Fatwa wa al-Mufti….

• Etiquette of Issuing Rulings (Adab al-Fatwa): This section details the practical conduct of the scholar, including formulating unambiguous responses, delivering answers verbally or in writing, handling written petitions (riqa'), and ordering replies when multiple questions are presented Adab al-Fatwa wa al-Mufti…. It addresses how to handle queries that require distinction between possible scenarios (tafsil), cautioning against overly broad statements or unnecessary elaborations that could open doors to evasion Adab al-Fatwa wa al-Mufti….

• Etiquette and Rulings for the Petitioner (Adab al-Mustafti): Defining the questioner as anyone who has not attained the status of a mufti in the specific issue, the text examines the nature of following authority (taqlid) and mandates seeking fatwas whenever an obligatory matter arises, even requiring travel to distant lands if local scholars are unavailable Adab al-Fatwa wa al-Mufti…. It stipulates that petitioners must verify the competence and integrity of the scholar they consult, explaining that merely holding a teaching post is insufficient proof of qualification, whereas widespread public reputation (istifadah) among reliable people suffices Adab al-Fatwa wa al-Mufti….