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There are difference of opinion & fatwas between different scholars, who will bear the responsibility of his shoulder about its consequences in day of judgment.

Q:

Salam ,

My question is that in some of religious issues , there are difference of opinion & fatwas between different scholars . If some one adopts the ruling on the basis of any fatwa , then who will bear the responsibility of his shoulder about its consequences in day of judgment ? Take an example of Islamic Banking where there is split opinion between different Muftis. So ultimate responsibility would be to whom ? Regards

A:

Wa Alaykumussalam

Thank you for your query.

In Usul al-Fiqh, under the topic of “Ijtihad and Taqlid” there is a discussion of  “التخطئة و التصويب” where it is discussed sometimes a Mujtahid(Jurist) makes a mistake in deriving a Shariah ruling and gives fatwa contrary to the reality.

Some of the Ahl al-Sunnah say that every ruling a jurist gives is correct, and what he infers and extracts are recorded as a correct ruling(الحکم الواقعی) in the Sharia. According to this basis, there is never any sort of conflict with reality. This point of view is referred to as تصویب.

But the Shia and some of the Sunnis believe in “تخطئه=error”, that is, they believe that the jurist may infer and extract a ruling that is contrary to the reality in God’s Sharia, and in this case, the jurist has made a mistake. Therefore, according to this point of view, opposition to reality occurs.

According to Shias’ opinion, if a jurist makes a mistake in deriving a Sharia ruling, as long as he himself does not realize the mistake, if he and his Muqallideen (followers) follow that ruling, not only have they not committed a sin, but they also deserve the reward due to their honesty and worship.

www.askdin.com/thread/%D8%A7%D8%B4%D8%AA%D8%A8%D8%A7%D9%87-%D9%85%D8%AC%D8%AA%D9%87%D8%AF-%D8%AF%D8%B1-%D9%81%D8%AA%D9%88%D8%A7

 

Therefore, according to the Shias If Mujtahid makes a mistake unknowingly, and if his followers follow upon the fatwas of their Mujtahid, both (Mujtahid & the followers) won’t get sin, rather they have fulfilled their duty and they will not be held responsible.

We as Muqallid have to perform our duty by acting upon what the Mujtahid gives out in Fatwa and we are not at all responsible if we act upon it correctly.

May Allah(swt) grant you success

Wassalam,

Syed Haider