The term ‘mufti’ literally means the giver of fatwas. His job is to issue fatwas, in other words the rules to be observed by the Muslim community. In our country muftis are appointed by the Malay Rulers, who are responsible for the administration of Islamic affairs in their respective states. The appointment of a mufti is made based upon certain criteria in order to ensure that the person appointed will be able to effectively carry out the duties entrusted upon him.
What gives ‘authority’ to a mufti is knowledge and not who appointed him to the position and the power that comes with it. However not every person of authority can be appointed mufti, and not every mufti is a person of authority.
Throughout the ages we have been reminded of this dichotomy. One example refers to the hadith of the Prophet pertaining to ignorant muftis, those who misguide and lead others astray by issuing wrong fatwas (not founded upon knowledge). This situation is made possible only in the event when the Muslim community in general are cloaked in ignorance and confusion to the extent that they cannot recognize the truly qualified. As a result, false leaders, i.e. those who are ignorant and unqualified are created.
A mufti is actually a leader. And when we talk about a mufti being a leader, the scope of discussion can no longer be limited to his competency in Islamic law. The trust of leadership is a heavy one; it should not be given to one who is ignorant and unjust. Ignorance and injustice are mentioned together in the Qur’an. Injustice is the state of being brought about by darkness, the absence of light (knowledge). One who possesses no knowledge cannot be just, i.e. he cannot put things, including his self, in their rightful and proper places. The natural result of ignorance is injustice, i.e. the condition where one finds confusion, crisis, chaos and disorder because the person to whom the trust is given is ignorant of the correct order of things.
Knowledge is very important because it is the precondition of justice and courage. As a leader a mufti must lead with justice and courage. Without courage he will not be able to defend truth. Without truth justice is denied.
Hence, a mufti must not only be knowledgeable, he must also practice and encourage the culture of knowledge. Anything that comes from him, be it in the form of a fatwa or not, must be based upon sound foundations premised upon knowledge. What is being said is true not because it comes from a mufti, but because it contains a sound, valid argument which cannot be easily refuted.
A mufti is not supposed to be afraid, easily upset, frustrated, or angry if his opinion is not accepted or is refuted by others. On the contrary, he must show his capability, wisdom and courage by defending his opinion according to the rules of knowledge which he must do with confidence and resoluteness. At the same time he should be able to soundly demonstrate what is wrong with the view of his opponent. If he finds out, or it is proven that his view is erroneous, he must have the courage and sincerity to admit his mistake and affirm the soundness of the other’s view regardless of where it comes from. This is what we mean by a culture of knowledge.
To be knowledgeable does not mean that the person is infallible. However, it does not mean that any mistake is acceptable and can be forgiven. A mufti who fails to recognize, understand, and admit contradiction in argument must not be tolerated or his ability to derive correct and logical conclusions from the available sources becomes questionable.
It is absurd for a mufti to remind people of his power and authority when his opinion is questioned, refuted, or when he is given a suggestion to consider.
Islam is the religion of knowledge and reason. “No religion”, says the Prophet, “to one who has no reason”. Hence, the seeking of knowledge is the first and foremost obligation for every Muslim, man and woman, as long as he or she is alive. That being the case, how is it possible for mankind to accept the leadership of a person whose grasp of reason and knowledge are questionable?
It is utterly irresponsible and undignified, for a mufti to accuse others of disrespecting the office of mufti because respect must be earned. People’s respect for the office of mufti depends on the credibility of the person occupying it. A mufti does not become knowledgeable and wise by labelling others ignorant. On the contrary muftis have to prove their true worth by leading the society out of the worsening intellectual and moral crises. The society wants to see muftis who know the difference between ‘being authoritative’ and ‘being popular’.