His Eminence Sheikh Abdullah Bin Bayyah, member of the International Islamic Fiqh Academy, asserted that fatwa-giving is an industry and not a simple task done by anyone without adequate knowledge or insight.

Bin Bayyah said, “Fatwa-giving seems problematic to some. When my book Industry of Fatwawas published, many found it ambiguous. In fact, industry is a highly sophisticated endeavor that requires expertise and skill, not something simple or haphazard. It involves input, processing, and output”.

According to him, fatwa is the “make” or product of several components, including evidence, reality, and the linkage between the two.

“When a question is asked to a mufti, he first examines reality to find out everything about the case at hand. For example, if it is about a modern-style contract, such as insurance, lease purchase, or inflation-caused debts, it is considered in terms of how it evolved and what its components are. Having scrutinized the nature and components of the contract, he looks for the Shar`i ruling that applies exactly to it (if it is simple) or to its components (if it is compound), surveying proofs from express religious texts and evident facts, if any. Otherwise, he uses other discretionary techniques, such as Qiyas (analogical reasoning), Istislah (deeming proper), Istihsan (juristic preference), etc.,” the Sheikh explained.