Regarding the verse from Holy Quran: “And who is more erring than he who follows his low desires without any guidance from Allah?” (Holy Quran 28:50), Abu Abdullah (as) said “It means the one who takes his religion by his own opinion without the guidance from the guiding Imams (as)”. [Source: Basair Ul Darajat Chapter 8]
What is a Fatwa?
Plainly speaking a fatwa simply means a “statement”. In the matters of religion, any fatwa (statement) must be fully backed by hadith. The person issuing it must be able to clearly explicate it using the hadith. Otherwise it is in danger of becoming personal opinion. When questioned, the “fatwa issuer” (mujtahid) must also immediately produce all the hadith on which the fatwa is based on. Lacking all this any one following a mujtahid will always be in the dark and uncertain if he is in fact following the ahlul bayt or the mujtahid’s opinion.
Notice the cover of the book “tawdhi-ul-masaail” (or risaalah) of the mujtahid. It often says “According to the fatwas of his eminence so and so..”. This clearly gives away that the risaalah is not completely based on hadith. Rather it is mixed with personal opinion. No wonder all the fatwas of such a mujtahid dies along with him. Had the risalah of a mujtahid been based fully on hadith, a more appropriate title would have been “Fatwas according to the hadith of Ahlul Bayt (as)”.
Abu Jafar (as) said: “He who follows a religion not coming from a truthful source Allah will let him get misguided until the Judgement day.” [Source: Basair Ul Darajat Chapter 8]
Source of Fatwa
The mujtahid mixes truth and falsehood in such a way that the lies are not discernible. What are the sources of the fatwas of the mujtahid? For questions where he does not find hadith or when the hadith does not align with his interests what does he do? He relies on two other dubious sources “his own aql” and the “ijma (and thus the aql) of other scholars”.
When someone questioned Abu Abdullah (as) about the statement of Allah (swt) “Then whoever follows my guidance, he shall not go astray nor be unhappy”. Imam (as) said: “The one who speaks by the Imams (as) and follows their (as) orders and not (the orders of) those whose obedience is not permissible”. [Source: Basair Ul Darajat Chapter 8]
The people are being subjugated to become Shia of the mujtahids and obey them (through acting on their fatwas) without questioning. Do the mujtahids speak by the Imams (as) and follow their orders? If they were following the orders of the Imams (as) they would have abandoned the practice ijtihad itself in the first place and bound themselves tightly to the hadith.
Only Allah (swt) has the authority to create religious rulings (shariat). Not even the Holy Prophet (s) or the Imams (as) dare intervene in this matter. They simply communicate the shariat through the medium of hadith. Anyone who issues a fatwa based on his opinion is following his low desires. He has violated the limits set by Allah (swt) who is the sole source of shariah.
I said to Abu Abdullah (asws), ‘On what basis does the Imam (asws) issue a verdict?’ He (asws) said: ‘By the Book’. I said, ‘What if it is not in the Book?’ He (asws) said: ‘By the Sunnah’. I said, ‘What if is it not in the Book and the Suunah?’ He (asws) said: ‘There is nothing but it is in the Book and the Sunnah’. He (asws) reiterated it once or twice. He (asws) said: ‘He (asws) shows the right way and he (asws) acts accordingly. No, It is not as you think it to be’. [Basair ul Darajat Part VIII, Chapter 6, Hadith 1]