Imamate of one who does not act on a fatwa despite considering it correct

Question

I was just getting ready to have my eyes treated when the reply letter arrived. It was read out to those who had committed the offence, but ignorance has so overpowered them that they do not act on the fatwa of any mufti, and they flatly refused, saying: “We will not do this.” They are against the muftis of India. In such a case, according to the Shari‘a, a sin falls upon them which indicates fisq (open sinfulness).

Answer

Not accepting a fatwa despite considering it correct is a great offence which carries a severe punishment. The office of imamate is an office of lofty rank, and such a person is not fit for it. However, if in the view of some person of knowledge, in the light of his knowledge and insight, the fatwa itself is not correct, or in his view the question itself was framed…

Source: Fatawa Mahmudiyya

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