Brother, you gave us a long lecture on the meaning of fatwa and i appreciate that, please try to understand what i am trying to convey to you when i tell you that Islaam encompasses all aspects of life, and as humans, we all have different levels of knowledge on any given subject, and we give advice to the best of our knowledge when asked about something, whether it is our children, a neighbour, a shopkeeper that one idly chats with, or an injured person.
If we know the answer, we provide it, if we're uncertain, we do our best given the circumstances in obedience to Allah, if it is an issue that can wait, we obviously refer it to someone more knowledgeable, and above every knower, there is a knower - until Allah.
I am in no way claiming that those people who have studied fiqh and received a certificate are necessarily foolish, i am telling you that since the day Allah swt put Adam (as) on earth and through the time of Muhammad the final messenger of Allah to mankind may the blesings and peace of Allah be upon him, people have always had to do their best to obey Allah, to gain knowledge, and to make decisions.
When my son comes and asks me a question, i have to do my best to give him a solid and honest opinion, if i am uncertain, i check with a more knowledgeable source, if i get a bunch of differing opinions, then i still have to contemplate and process it whilst being honest and sincere in seeking to obey and please Allah.
If it is a medical issue and i'm uncertain, i might check with someone who's knowledgeable in medicine, if the doctor doesn't even check my child's heartbeat despite her complaint of severe chest pain and prescribes a load of drugs, i throw away the prescription and go get an ecg done (since Allah has made it lawful) and ask someone who can read an ecg printout to tell me their observations, now it is the duty of the person doing the ecg to get a correct reading and explain honestly, if they give me a false reading and i find no other lawful avenue of checking, i put my trust in Allah to judge and give her the foods which i know to be good for the heart and keep the mosquito coil and cigarette smoke away from her.
I hope you understand what i'm saying......ultimately we are all required to use our brains, otherwise nobody would have accepted Islam due to the pope or priest telling them that Islaam is false and nobody would have followed 'eesaa because their scholars told them that he was a devil's servant for healing a man on the sabbath.
The task of scholars is to become knowledgeable in their fields and learn as much as they can to their last breath and to be sincere and truthful in issuing opinions whilst obeying and pleasing Allah, however we make sure to be truthful and sincere in our acceptance of what they say.
Even Sheikh Hasinah has scholars.
When an imaam stated at jumu'ah that it is kabeerah gunah (major sin) not to have a beard, most of the congrgation must have believed him, but i knew it as false due to the fact that i had studied a bit if you see what i mean, and that doesn't mean that he doesn't have a certificate or that i am the most knowledgeable person.
Tualab al 'ilm fareedatun 'alaa kulli Muslim.
Know that neither the prophets, nor the sahaabah, nor the initial taabi'een had certificates, the certificate is a document to show that one has reached a certain level of study, the study is for the deen, not vice versa.
Also look into the situation and differing opinions in the split between "'Ali (ra) and Mu'aawiyah.... to understand the human nature on rulings.
And this:
http://www.abukhadeejah.com/ibn-baaz-allowed-the-american-military-into-saudi-arabia/
http://www.memrijttm.org/jaysh-al-f...ere-to-join-war-against-shiites-in-syria.html
