The Mufti and the Questioner
A mufti is one who conveys a legal ruling, while the mustafti (questioner) is the person who seeks that ruling.
Conditions for issuing a fatwa:
For a fatwa to be permissible, several conditions must be met, including:
1 – The mufti must know the ruling with certainty or with a preponderant assumption; otherwise, he is obliged to withhold judgment.
2 – He must form a full and accurate picture of the question so that he can rule on it, for issuing a judgment follows upon understanding the matter. If the meaning of the questioner’s words is unclear, he should ask for clarification; if further detail is needed, he should request it or include it in his response. For instance, if asked about a deceased person who leaves a daughter, a brother, and a paternal uncle, he should inquire whether the brother is a uterine sibling. Alternatively, he may spell out the details in his answer: if the brother is uterine, he inherits nothing and, after the daughter’s prescribed share, the remainder goes to the uncle; if he is a full or paternal brother, then after the daughter’s share the remainder goes to him and the uncle receives nothing.
3 – He must be calm and composed so that he can grasp the case and apply the relevant evidences; therefore, he should not issue a fatwa while his mind is preoccupied by anger, worry, fatigue, or the like.
Conditions that make issuing a fatwa obligatory include: