The Ruling on Financial Compensation for Issuing Incorrect Fatwas in Islamic Jurisprudence

Abstract

The fatwa is a response to a question in Islamic jurisprudence. When issued, the mufti will possess information as needed about the rules of Islamic jurisprudence and will understand the methodology of the school of thought. The purpose of this research is to elucidate the ruling on financial damages resulting from an incorrect fatwa in Islamic jurisprudence. This conclusion arises from our investigation when the mufti errs in issuing their fatwa, whether due to lack of knowledge or negligence, and the seeker of the fatwa also acts upon it, resulting in financial loss. In such a case, the mufti is not obligated to provide compensation because the mufti is the indirect cause, not the direct one. Additionally, the principle dictates that the loss falls on the one directly responsible, not the indirect cause. Furthermore, there is no obligation to accept the fatwa; the seeker has the choice to act upon it or not. If the seeker does not act upon the fatwa, they are prohibited from acting upon it. If the mufti is qualified to issue fatwas, then the error lies in interpretation, and therefore, the mufti is not guaranteed immunity under any circumstances. In Islamic jurisprudence, issuing a fatwa out of ignorance and error carries significant legal responsibility. In addition to the harm and subsequent sin, the mufti also deserves the punishment of the ruler of the time. This research is analytical and descriptive, based on a bibliographic approach. It is evident in Islamic jurisprudence that issuing an erroneous fatwa entails legal responsibility.