An imprisoned scholar has the right to issue Fatwa

19-2-2014 | IslamWeb

Question:

Salam Alaikum Wa Rehmatullah... I want to confirm through your source whether an imprisoned scholar or mufti is illegible to issue any kind of Fatwa or Islamic ruling from prison. Is his fatwa acceptable ?
Answer:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) is His slave and Messenger.

Imprisonment is not an impediment from issuing Fatwa. A prisoner can issue Fataawa and teach; for example Prophet Yoosuf (Joseph) may Allaah exalt his mention issued Fatwa to the two men who were with him in the prison, as Allaah says (what means): {O two companions of prison, as for one of you, he will give drink to his master of wine; but as for the other, he will be crucified, and the birds will eat from his head. The matter has been decreed about which you both inquire.”}[Quran 12:41]

Indeed, scholars, such as Imaam Ahmad ibn Hanbal and Shaykh Al-Islam Ibn Taymiyyah and others, have issued Fataawa and written books of religious knowledge while in prison and Allaah made their knowledge a source of benefit for many.

Allaah knows best.

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