The bindingness of fatwa and inaccuracy in fatwa

In order to talk about the bindingness of and inaccuracy in fatwa, the nature of the fatwa must first be determined. While the fatwa, which is defined as the answer to a question on sharia (Islamic law), was previously only issued by the muftis who had jurisprudence, the muqallid muftis also became involved in this activity and issued fatwas in accordance with the fatwa methods established by the sects. Therefore, the evaluation of the problem of inaccuracy in fatwa must be made based on the fiqh method in cases of fatwas issued via ijtihad (jurisprudence), and on the fatwa method in cases of fatwas issued via taqlid (imitation). In this study, where the subject is dealt with on the basis of the mustafti (a person seeking a fatwa from a mufti) and the mufti, the concept of bindingness, which is of key importance, was examined first in determining the responsibilities of the mukallaf (religiously accountable person). It has been seen that the fatwa, which is generally discussed as a consultative subject in the sources, has been binding with moral sanctions throughout history and has at times turned into a legally binding text requiring tangible sanctions due to various scientific and political reasons. In this context, the civil and criminal responsibilities of the mufti in the face of inaccurate fatwa vary according to whether they are qualified or not. Therefore, if the mustafti requests a fatwa from a qualified mufti and thus fulfills his own responsibility, the mufti's obligation to compensate him for his inaccurate fatwa is stipulated. On the other hand, the views considering the consultative nature of the fatwa have adopted no such obligation.