The Concept of the decision maker (mufti) and the (mujtahid) in schools of Jurisprudence

Abstract

Jurists and scholars of Islamic jurisprudence agree that there is no difference between a mujtahid and a mufti; these two terms are synonymous. This synonymy existed across all schools of jurisprudence, as they stated that the mufti is the mujtahid, and the mujtahid is the mufti, until they introduced a distinction between them. They said that the mujtahid remains a mujtahid as before, while the mufti is the one who answers questions posed to him. The first to state this was Imam al-Mardini al-Shafi’i (d. 871 AH), who explicitly defined the mufti as the one who clarifies the truth when asked. Contemporary scholars followed the same approach in distinguishing between them. Thus, the use of the term “mufti” for someone other than a mujtahid is a convention of later scholars, and there is no dispute regarding this convention. However, when asked, the mufti should mention the mujtahid’s opinion by way of narration, so that the person seeking the ruling may follow it.