Answered by: Alimah Siddiqa al-Farsiyyah
Question:
Salaam.
Is it permissible for a Muslim female to be a Muftiyah in Islam and if so what is the evidence for this?
بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
In the name of Allah, the Most Gracious, the Most Merciful.
Answer:
Yes, it is permissible. Firstly, the evidence can be the fact that the Prophet (peace be upon him)’s wife Aisha (Allah be pleased with her) was a Muftiyah and the Sahabah would go and question her about certain issues and the Tabi’un have narrated from her.
Also, you must understand that the principles of lawful and unlawful don’t require for there to be evidence of permissibility for everything we do such as buying groceries, using a fridge, etc. to be permissible, rather, the ruling for everything is based on neutral (Al-Ibaahah)[1] and everything is lawful unless there’s evidence against it.
The Prophet (peace be upon him) has said: “Whatever Allah Ta’ala has made lawful in his book, then it is lawful. He has made unlawful, is unlawful. And what he has remained silent about, then it is permissible as His favor. So accept from Allah His favor. He then recited, “And your Lord is not forgetful.” (19:64) [2]
[1] al-Qawa’id Fiqhiyyah v.1 pg.190
[2] al-Bayhaqi, Sunan al-Kubra, v.1 pg.21 no.19724, Darul Kutub ‘Ilmiyyah
Only Allah knows best
Written by Alimah Siddiqa al-Farsiyyah
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham