The mufti, then, operates within a broader sphere than the judge; he issues legal opinions concerning both disputed and undisputed matters, whereas the judge’s jurisdiction is confined to cases that are actually being litigated among the people.
6 – Shaykh Muḥammad ibn Ibrāhīm said: It is impermissible to equivocate when issuing a fatwa, to present the questioner with several possible answers, or to leave him in confusion and uncertainty; instead, the mufti must provide a clarification that removes every doubt.
Benefits
First: Judging involves enforcing the Sharīʿah ruling and settling disputes. Hence the ḥākim combines three descriptions: in establishing the facts he is a witness; in clarifying the ruling he is a mufti; and in compelling compliance he is one vested with authority.
Second: The foundation of the judiciary is the Almighty’s statement, “O David, We have appointed you as a vicegerent on the earth; so judge between the people in truth” (Ṣād 38:26), and the Prophet’s saying: “If a judge exercises ijtihād and is correct, he will have two rewards; and if he errs, he will have one reward” (al-Bukhārī 6919; Muslim 1716).
Shaykh al-Islām said: “The Lawgiver’s texts consist of concise phrases, universal cases, and general principles; it is impossible for them to specify every single detail that will arise in the world until the Day of Resurrection. Therefore ijtihād is indispensable with regard to particulars, to determine whether or not they fall under those comprehensive words.”
Third: The judiciary is a collective obligation (farḍ kifāyah), like the grand imamate. Imām Aḥmad said: “People must have a judge, lest their rights be lost.” Shaykh al-Islām said: “The Prophet ﷺ made it obligatory to appoint a leader even for a small, occasional band of travelers; this is an indication for every form of gathering.”
Fourth: It is obligatory for the imām (supreme leader) to appoint judges to resolve people’s disputes. Because the judiciary is one of the necessities that accompany the grand imamate—he is responsible for the subjects’ affairs—he therefore appoints as many judges as are required, acting as his deputies in the cities and provinces.
Fifth: The Council of the Islamic Fiqh Academy in Mecca resolved that it is incumbent upon Muslim leaders to hasten to implement the law of Allah, so that they may prosper, and so that