Q: There was an argument at our home regarding the duties of a Mufti opposed to that of a Shaykh.
A person asks a reliable Mufti a mas'alah. The Mufti gives an answer.
1. Now, should this answer be presented to one's Shaykh (a non-'aalim) and ask the Shaykh whether 'amal should be made on the answer or not?
2. Assuming that a Shaykh says to make 'amal on something contrary to what the Mufti says, what should one do? Follow the Shaykh or the Mufti?
A: If the mufti is pious, muttaqi, experienced and competent in the field of issuing fatwa, then he should be referred to in regard to issues relating to fataawa and masaail. As far as the shaikh is concerned, he should be referred to in matters pertaining to islaah. Since the shaikh is not qualified in the field of issuing fatwa, he will not be referred to in matters pertaining to masaail and fataawa.
If a person has a need to put up a triple story building, he will refer to an architect, engineer and a builder. He will not refer to the shaikh for this as he understands that the shaikh is not a man of this field and he is not qualified in building. Rather, the shaikh's field is islaah-e-nafs. Hence, he will be referred to in matters pertaining to one's islaah.
And Allah Ta'ala (الله تعالى) knows best.
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