May a mufti take a fee or a gift for a fatwa?

Ideas Living

هل يأخذ المفتي أجرة أو هدية على فتواه؟

In I'lam al-Muwaqqi'in Ibn Qayyim al-Jawziyya distinguishes three cases: a fee for the fatwa, which he holds unlawful because a fatwa is conveying from God and His Messenger; a gift, judged according to its cause; and a stipend from the public treasury, lawful for one in need, with two views for one who is not. He reports, and rejects, the view of some later scholars that a fee may be taken for the written answer though not for the answer itself.

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Contested: This record includes matters on which scholars differ. The speaker's views are labelled as his, and other views are marked where no cited source yet exists.

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Summary

The forty-fifth of the benefits concerning fatwas in I'lam al-Muwaqqi'in is devoted to taking a fee, a gift or a stipend for giving fatwas; Ibn al-Qayyim says it covers three cases, different in cause and ruling. 1

A fee

Ibn al-Qayyim holds that taking a fee for a fatwa is not permitted, because giving fatwas is an office of conveying from God and His Messenger, for which no compensation may be taken. He compares it to someone saying, "I will not teach you Islam, ablution or prayer except for a fee", or, asked about the lawful and the forbidden, "I will not answer you except for a fee": this, he says, is certainly forbidden; the payment must be returned and does not become his property. 1

He reports the view of some later scholars that if the mufti answers in writing he may tell the questioner, "I am not obliged to write for you except for a fee", treating it like a copyist's wage – a fee for the handwriting, not for the answer. Ibn al-Qayyim replies that the correct view is the opposite: the mufti owes the answer free, for God's sake, both spoken and written, though he is not obliged to supply paper or ink. 1 In a note the editor states that a fee for the writing is the Hanafi view and that of Abu Hatim al-Qazwini among the Shafi'is, and refers to the schools' sources. 1

A gift

Ibn al-Qayyim distinguishes gifts. If it is not occasioned by the fatwa – from someone who habitually exchanges gifts with him, or who does not know he is a mufti – there is no harm in accepting it, and it is better to reciprocate. If it is occasioned by the fatwa, then if it is a means to his giving a fatwa that others, who receive no gift, would not give, he may not accept it; and if he would give the same fatwa as others, accepting it is disliked, because it resembles payment for giving fatwas. 1 2

A stipend from the treasury

A stipend from the public treasury is, for him, permitted to one in need; for one who does not need it there are two views. He describes the question as falling between likening the mufti to the zakat collector, whose service benefits everyone and who may therefore take, and likening him to the guardian of an orphan, who is barred; the judge, he says, is in the same position as the mufti, indeed more strictly barred. 2

Not yet covered

The Hanafi and Shafi'i texts on the question from their own books, the history of stipends for muftis and judges in Muslim states, and the question in modern fatwa institutions have not yet been added.

Opinions on the question

The question: Is giving a fatwa work for which compensation may be taken, and how do a fee, a gift and a stipend from the treasury differ?

First opinion · Sunni tradition (the museum's frame) · Sunni (Hanbali)Main reference

No fee may be taken for a fatwa; the mufti owes the answer free, in speech and in writing

Ibn al-Qayyim holds that giving fatwas is an office of conveying from God and His Messenger, for which no compensation may be taken – like saying 'I will not teach you ablution or prayer except for a fee' – and that any payment must be returned; the mufti owes the answer free, in speech and in writing, though not the paper and ink. He distinguishes gifts by their cause, allows a treasury stipend to one in need, and holds the judge even more strictly barred than the mufti.

Held by: Ibn Qayyim al-Jawziyya

Basis: Ibn Qayyim al-Jawziyya, I'lam al-Muwaqqi'in 'an Rabb al-'Alamin, vol. 6 (Dar Ibn al-Jawzi, 1423 AH) I'lam al-Muwaqqi'in vol. 6 pp. 158–159

More opinions (1)

Sunni tradition (the museum's frame)Secondary opinion

A fee may be taken for the writing, not for the answer

As Ibn al-Qayyim reports: some later scholars said that if the mufti answers in writing he may tell the questioner, 'I am not obliged to write for you except for a fee', treating it like a copyist's wage, since the writing is something over and above the answer. The editor notes that this is the Hanafi view and that of Abu Hatim al-Qazwini among the Shafi'is.

Basis: Ibn Qayyim al-Jawziyya, I'lam al-Muwaqqi'in 'an Rabb al-'Alamin, vol. 6 (Dar Ibn al-Jawzi, 1423 AH) I'lam al-Muwaqqi'in vol. 6 p. 158 and the editor's note

People and things also explored

Pardon (afw) in purity, worship, contracts and penalties· Action (amal) and the five rulings that govern it· The four kinds of muftis· Warranty (uhda) in sale and in pre-emption, and the defect· Manners of the Qur'an bearer· Biting and the liability for injury it causes (add)· Justice and uprightness (adl)· Justice and grace (adl wal-fadl)

Sources

  1. Ibn Qayyim al-Jawziyya, I'lam al-Muwaqqi'in 'an Rabb al-'Alamin, vol. 6 (Dar Ibn al-Jawzi, 1423 AH) , p. 158
  2. Ibn Qayyim al-Jawziyya, I'lam al-Muwaqqi'in 'an Rabb al-'Alamin, vol. 6 (Dar Ibn al-Jawzi, 1423 AH) , p. 159
Cite this page

islam.museum contributors. “May a mufti take a fee or a gift for a fatwa?”. islam.museum, https://islam.museum/en/questions/may-a-mufti-take-a-fee-for-a-fatwa/. CC BY-SA 4.0. Last updated 2026-11-04.

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Beliefs, concepts, sciences and schools, explained in plain words.
Related

Pardon (afw) in purity, worship, contracts and penalties

In the lexicon, afw means removing or pardoning, and also abundance, going away and giving; the jurists use it mainly for dropping or overlooking a right. It is distinguished from pardon by forgiveness of the wrong (safh) and from the forgiveness of sins (maghfira), dropping a right (isqat) and settlement (sulh). Its ruling depends on the right: pardon is recommended where the right is purely the individual's; where the right belongs to God, as in the fixed punishments, there is no pardon once the matter is before the judge. In worship, the schools disagree on pardon for small amounts of impurity, such as blood, pus and street mud, on the interval between the two thresholds of the camel and the cattle tax, on some things that do not break the fast, and on forgotten wearing of sewn clothes or perfume during pilgrimage. In contracts, pardon of pre-emption, of a debt, and of a dower are treated. In retaliation, pardon is lawful and recommended; if one of several heirs pardons, the retaliation falls and the others' shares become money, by the consensus the text reports; the schools differ on the effect of pardon during injury, on the capacity of the pardoner, and on settlement for money. There is no pardon for the fixed punishments of adultery and theft; the jurists differ on slander, and pardon in discretionary punishment (ta'zir) is allowed where it concerns a person's right or the ruler's discretion.