Tahqiq Sifat al-Fatwa
- Author died
- 695 AH
- Editions
- al-Maktab al-Islami
Tahqiq Sifat al-Fatwa (also known as Sifat al-Fatwa wa-al-Mufti wa-al-Mustafti and Sifat al-Mufti wa-al-Mustafti) is a Hanbali legal treatise by Ibn Hamdan (603–695 AH / 1206–1295 CE) outlining the rules, ethical requirements, and qualifications governing legal rulings (fatwa), jurists (muftis), and petitioners (mustaftis) .
Title and Composition
The work appears under several titles across manuscripts and classical bibliographic citations, including Sifat al-Mufti wa-al-Mustafti, Sifat al-Fatwa wa-al-Mufti wa-al-Mustafti, Adab al-Mufti, and Adab al-Mufti wa-al-Mustafti . Ibn Hamdan explains in his introduction that he composed the book because unqualified individuals were boldly assuming the office of fatwa, while qualified scholars refrained from it out of fear of its perils . He aimed to define the requisite attributes of the mufti and mustafti, classify the necessary conditions of ifta' (issuing rulings) and istifta' (seeking rulings), and detail the legal categories—obligatory, recommended, forbidden, disliked, and permissible—pertaining to both parties .
Contents and Methodology
The treatise addresses the fundamental concepts of legal advice in Islamic jurisprudence:
- Definition and Qualifications of the Mufti: Ibn Hamdan characterizes the mufti as one who conveys God's ruling through knowledge of its evidence, possessing a command of legal proof alongside memorization of most jurisprudential rulings . He identifies conditions for accepting fatwas, including Islam, legal capacity, moral uprightness ('adala), and ijtihad .
- Distinction between Fatwa and Judging: The author connects eligibility for issuing fatwas with holding judicial office (qada'), quoting Abu Ya'la ibn al-Farra' that whoever is not among the qualified practitioners of ijtihad may neither issue fatwas nor judge .
- Terminology of Ahmad ibn Hanbal: A section is devoted to the specific phrasing, expressions, and nuances of Ahmad ibn Hanbal, which a jurist must grasp to accurately ascertain and transmit his school's positions .
- Flaws in Authored Works: The book features a specialized closing chapter on identifying defects and errors in written compilations (ma'rifat 'uyub al-ta'alif), instructing the mufti on how to evaluate transmitted legal texts, interpret authorial intent, and maintain precision when attributing opinions to early authorities .
Sources
Ibn Hamdan drew from a range of classical works across legal and hadith traditions. Explicitly cited sources include the Musnad of Ahmad ibn Hanbal, the collections of al-Bukhari, Muslim ibn al-Hajjaj, Malik ibn Anas, Abu Dawud al-Sijistani, and Ibn Majah, the Mustadrak of al-Hakim al-Naysaburi, Ibtal al-Hiyal by Ibn Batta, al-Kifaya by Abu Ya'la, Faysal al-Tafriqa and al-Mankhul by Abu Hamid al-Ghazali, and Ta'zim al-Futya by Ibn al-Jawzi .
Other uncredited sources informing the text include Adab al-Mufti wa-al-Mustafti by Ibn al-Salah, al-Intisar by Abu Ja'far al-Hashimi, Abu Ya'la's al-Ahkam al-Sultaniyya, and Rawdat al-Nazir by Ibn Qudama .
Reception and Influence
The work became a standard reference on fatwa methodology in the Hanbali school and was consulted across legal traditions:
- Ibn Qayyim al-Jawziyya relied extensively on Ibn Hamdan's work alongside Ibn al-Salah's treatise when drafting the fatwa-related sections of his I'lam al-Muwaqqi'in .
- Al-Mardawi drew upon it in the introduction to al-Insaf and incorporated Ibn Hamdan's chapter on the flaws of authored works in its entirety at the conclusion of al-Insaf .
- It is cited by biographical and legal authorities including Ibn Rajab in Dhayl Tabaqat al-Hanabila, Najm al-Din al-Tufi in al-Sa'iqa al-Ghadabiyya, Ibn Muflih in al-Adab al-Shar'iyya, Ibn al-Najjar al-Futuhi in Sharh al-Kawkab al-Munir, and Mujir al-Din al-'Ulaymi in al-Manhaj al-Ahmad .
Notable Editions
- Edited with hadith verification and commentary by Muhammad Nasir al-Din al-Albani, published by al-Maktab al-Islami in Damascus (1380 AH / 1961 CE; reissued in multiple later impressions including 1394 AH / 1974 CE and 1404 AH / 1984 CE) .
- Edited by Mustafa ibn Muhammad Salah al-Din al-Qabbani and published in a single volume by Dar al-Sumay'i in Riyadh (1436 AH / 2015 CE) .
Answer updated