First of all, one has to know that issuing fatwa is a dangerous and hard responsibility that one has not to indulge in without fulfilling many conditions and qualifications.
In this regard, Dr. Salah As-Sawi, secretary general for the Assembly of Muslim Jurists in America (AMJA), stated:
The guidelines for a fatwa scholar are as follows:
1- Devoting the sole intent of the fatwa scholar for Allah the Almighty; and he should keep asking Almighty Allah for His forgiveness and support, because deeds are governed by intents, and everyone is judged by his intention. The Prophet (peace and blessings be upon him) said: “The danger posed by two hungry wolves to devour sheep is less harmful than the danger posed by one’s devotion to money and honour to his religion.” And, whoever does not have intent has no light about him, and also no light in his Fatwa.
2- Showing respect and patience to others, and avoiding talking nonsense, laughing, or frivolity, in order to maintain the dignity of fatwa and the fatwa scholars’ status, and to dignify Allah’s rulings and Shari`ah.
3- Keeping the fatwa free from subjectivity, personal whims, partisan or organizational goals, and he should be cautious against being dragged by the whims of the common people as well as by the elite and the rulers.
4- Saying the truth, even if it is bitter, and those who are not able to say it, at least they should not speak incorrectly.
5- Making sure that what he rules as answers to the fatwa, is fully sound and correct, because the most daring people when answering fatwa are the less knowledgeable, and therefore, they are the most daring people to approach Hellfire.
6- It is far better for the fatwa scholar to say, when faced with an issue that he does not know how to handle: “Allah knows best”. This is better than daring to delve into illusions and incorrectness, especially if he dares to say something that Allah the Almighty does not say.
7-Avoid assuming generalizations and summarizations that would lead to assumptions, like when he thinks that a certain issue is agreed-upon by the consensus of the Muslim Shari`ah scholars, while actually there is no consensus at all.
8- Conveying to the common Muslims what is common and known from the fatwa scholars’ views, and avoid mentioning the most famous and strange views.
9- Avoid defaming or insulting those who have different views of the fatwa scholars in their meetings, or showing hostility toward their fatwa rulings, because there should be no demonstration of differences in matters of independent opinions of judgment, and there is no problem to comment on what he thinks needs explanation or clarification, in order to clear his conscience, counsel the people, and not to be held accountable for hiding knowledge.
10- Avoid being soft and easy with fatwa rulings by following the easy ways or by adopting dispraised fabrication, because whoever is known to follow such ways, his fatwa rulings are judged null and void, and he should not be consulted.
11- Fiqh is the license from the Shari`ah scholar, but ruling things as prohibited could easily be issued by anyone, and daring to prohibit things is the same as daring to make things permissible, because both rulings are daring to attribute sayings to Allah the Almighty without knowledge.
12- Consult with fellow fatwa scholars, and refer the fatwa that requires further investigation and collective reviewing to the fatwa Committees or the Fiqh Assemblies, by using means of modern media and technology, because collective opinion is more correct and sound than individual independent opinions.
13- Efficiency in being involved in da`wah and guidance activities does not necessarily mean that having this merit makes the person qualified and capable of leading the way in fatwa and judicial issues, because there are tremendous differences between both domains.
14- Prevent the fatwa from being used as a means of attacking or insulting others, or to become fuel for the temptation of disrupting the opponents’ views.
15- Show kindness and mercy towards fatwa seekers, and exert efforts to draw their hearts and souls to the fold of obeying Allah the Almighty and His Messenger (peace and blessings be upon him) and be patient with their questions, even if they seem simple and recurrent. Moreover, guide them to the other legal alternatives in case the fatwa questions are related to illegal transactions or non-Islamic conduct.
16- Avoid being hasty and rash when issuing fatwa rulings in standing disputes before having a comprehensive study of its details, and listen carefully to all concerned parties, because issuing fatwa may come closer to passing judgments in some situations regarding obligation, arbitration, and settling disputes.
17- Support the fatwa with evidence(s), whenever possible, in order to deepen the meaning of observance in the hearts of the fatwa seekers, especially with direct and clear evidence of judgments and rulings.
18- Be self-sufficient and self-satisfied from others, so as to maintain one’s
stand and reputation and prevent looking forward to what is in the hands of fatwa seekers. Also, keep aloof from sharing with them the pursuit ofworldly gains and affairs, even if it is legal and permissible from the Shari`ah
point of view