Islam encourages both men and women to learn, teach, and give fatwas (religious rulings), as long as the rules of modesty and Sharia are followed. The Prophet Muhammad ﷺ taught both men and women, and after him the Sahabah and later scholars continued this, with both male and female students and teachers.
Being a man is not a condition for giving fatwas. This is based on scholars like Imam al-Nawawi, who listed the qualities a person must have to give fatwas but did not include being male as a requirement.
There were many women from earlier and later periods who were known for their knowledge and who gave fatwas, including Aisha (the wife of the Prophet ﷺ), Umm al-Darda, and other women scholars mentioned by Imam al-Dhahabi in Siyar A‘lam al-Nubala’ which will be shown below.
Women have historically played a role in Islamic scholarship and that it is fully acceptable in Sharia for qualified women to give fatwas. However being a judge (qadi) is different from giving fatwas, and Islamic scholars agreed that women should not be appointed as judges.
Ibn Hajar al-Asqalani mentioned in his book al-Durrar al-Kaminah fi Aʿyan al-Miʾah al-Thaminah the biographies of 170 women scholars of hadith, among whom 54 were his own teachers. Imam Najm al-Din Ibn Fahd al-Makki (d. 885 AH) stated that he took knowledge from 130 female teachers. His student, Imam al-Sakhawi (d. 902 AH) listed around 85 women teachers in his book al-Dawʾ al-Lamiʿ li Ahl al-Qarn al-Tasiʿ, while the women scholars from the time of his contemporary al-Hafiz al-Suyuti (d. 911 AH) numbered 44.
This points to the firm presence of women in the Islamic scholarly tradition and the strength of their influence in its circles. The detailed biographical accounts provided by those prominent imams reflect the scholarly community’s keen interest in recording, and recognising the extent of women’s contributions to knowledge.
This, in turn, provides clear grounds and ample space for discussing the phenomenon of al-muwaqqiʿat ʿan Allah, female scholars issuing religious rulings and engaging in deep legal and theological understanding, since the scholarly foundation for women in Islamic civilisation was strong and recognised. It also shows the acceptance of this female scholarly presence by the male scholarly community, to the point of honouring it and taking knowledge from its leading figures.
Therefore, the presence of female muftis and jurists in the Islamic public sphere was part of this rich and wide-ranging intellectual tradition among women.
Every region of the Islamic world, in every historical period, had its share of women jurists acting as muwaqqiʿat ʿan Allah. One of the reasons for this prominent presence is that women’s empowerment in this field did not depend on a political decision or the issuance of a law granting them permission or recognition. From the outset, there was no legal barrier in Sharia preventing women from learning or teaching. In fact, there was a duty upon them to seek knowledge and convey it. Moreover, the model for women’s scholarly involvement rested on the real-life experiences of the Mothers of the Believers, the knowledgeable women among the Sahabah, and their female students from among the Tabiʿin.
Translation: The mufti should be outwardly known for his piety, and well known for his visible religion and striking uprightness. Malik (may Allah have mercy on him) used to act upon things in his private life that he did not obligate others to do, and he would say: “A person is not truly a scholar until he practises in his private life what he does not impose on the people—things that, if he were to leave them, he would not be sinful.” And he used to narrate something similar from his teacher Rabi’ah.
Conditions for the Mufti
The mufti must be someone who is accountable under the Sharia (mukallaf), a Muslim, trustworthy, reliable, and free from reasons that make a person sinful or break moral integrity. He must have a deep understanding of fiqh, a sound mind, a strong way of thinking, and the ability to handle issues properly and extract rulings correctly. He should be alert. There is no difference in this between a free person and a slave, a man or a woman, a blind person, or one who is mute, so long as the mute person can write or his gestures are understood.
Abu Amr ibn al-Salah said: the mufti should be like a hadith narrator in that he must not be influenced by family ties or enmity, nor by gain or harm, because the mufti is like one who reports from the Sharia, and his report is not specific to any person. Therefore, he is like a narrator of hadith and not like a witness. His fatwa does not bring about binding judgement, unlike a qadi’s ruling.
He said: the author of al-Hawi mentioned that if the mufti directs his fatwa specifically against someone, he becomes a biased adversary and an opponent, and his fatwa is rejected just like the testimony of one who is hostile to the person he testifies against. They agreed that the fatwa of an open sinner is invalid, and al-Khatib narrated a consensus of the Muslims on this.
The mufti must act on his own ijtihad when a case arises. As for the mastur (the one whose outward appearance is just, but whose inward state has not been verified), there are two views. The stronger view is that his fatwa is valid, because knowledge of inward justice is not required except for judges. The second view is that it is not valid, like testimony, and this difference is like the disagreement over the validity of marriage in the presence of two mastur witnesses.
As-Saymari said: the fatwas of the people of desires (ahl al-ahwaʾ) and the Khawarij are valid, so long as their innovation does not take them out of Islam or make them sinful. Al-Khatib also mentioned this, then said: as for the wicked ones and the Rafidah who insult the righteous predecessors, their fatwas are rejected and their words are of no worth.
The qadi is like others in being allowed to issue fatwas without it being disliked. This is the sound and well-known position in our madhhab. The shaykh said: I saw in some of the notes of Shaykh Abu Hamid that he allowed issuing fatwas in acts of worship.
Al-Majmu’ Sharh al-Muhaddhab By An-Nawawi (1/74)
Imam Ibn Al Qayyim said in I’laam al-Muwaqi’een (1/10): Those from the Companions from Whom Fatwa Was Preserved
The number of Companions of the Messenger of Allah (peace and blessings be upon him) from whom fatwa has been preserved is over one hundred and thirty individuals, both men and women. Of these, those who gave many fatwas were seven: Umar ibn al-Khattab, Ali ibn Abi Talib, Abd Allah ibn Masud, Aisha the Mother of the Believers, Zayd ibn Thabit, Abd Allah ibn Abbas, and Abd Allah ibn Umar.
Abu Muhammad Ibn Hazm said: it is possible to compile a large volume from the fatwas of each one of them. He said: Abu Bakr Muhammad ibn Musa ibn Yaqub ibn the Commander of the Faithful al-Ma’mun compiled the fatwas of Abd Allah ibn Abbas (may Allah be pleased with them both) in twenty books. This Abu Bakr Muhammad is one of the imams of Islam in knowledge and hadith.
Those Who Gave a Moderate Number of Fatwas
Abu Muhammad said: those who gave a moderate number of fatwas, according to what has been narrated from them, include: Abu Bakr al-Siddiq, Umm Salama (One of The Prophet’s wives), Anas ibn Malik, Abu Said al-Khudri, Abu Hurayra, Uthman ibn Affan, Abd Allah ibn Amr ibn al-As, Abd Allah ibn al-Zubayr, Abu Musa al-Ashari, Sad ibn Abi Waqqas, Salman al-Farisi, Jabir ibn Abd Allah, and Muadh ibn Jabal.
These thirteen Companions gave enough fatwas that a small individual volume could be compiled from each of them. To these may also be added: Talha, al-Zubayr, Abd al-Rahman ibn Awf, Imran ibn Husayn, Abu Bakra, Ubada ibn al-Samit, and Muawiya ibn Abi Sufyan.
Those Who Gave Few Fatwas
As for the rest, they gave very few fatwas. No more than one or two questions are reported from each of them, with perhaps a little more than that. From all of them together, after thorough research and investigation, only a very small portion of fatwas can be gathered. These include: Abu al-Darda, Abu al-Yusr, Abu Salama al-Makhzumi, Abu Ubayda ibn al-Jarrah, Said ibn Zayd, al-Hasan and al-Husayn the sons of Ali, al-Nu’man ibn Bashir, Abu Masud, Ubayy ibn Kab, Abu Ayyub, Abu Talha, Abu Dharr, Umm Atiyya (Female companion of the Prophet ﷺ), Safiyya the Mother of the Believers, Hafsa, Umm Habiba (Both wives of the prophet ﷺ), Usama ibn Zayd, Jafar ibn Abi Talib, al-Bara ibn Azib, Qaradha ibn Kab, Nafi the brother of Abu Bakra through his mother, al-Miqdad ibn al-Aswad, Abu al-Sanabil, al-Jarud, al-Abdi, and Layla bint Qanif (Female Companion Of The Prophet ﷺ).
Translation: Safiyya bint Shaybah
She was Safiyya daughter of Uthman ibn Abi Talha ibn Abd al-Uzza ibn Abd al-Dar ibn Qusayy ibn Kilab. A knowledgeable faqigh (jurist), she was known as Umm Mansur. She was a Qurashiyyah from the clan of Abd al-Dar, and a Makkan woman from the Hajib family.
It is said that she saw the Prophet, and this was weakened by al-Daraqutni. Her father was one of those who embraced Islam at the Conquest of Makkah.
She narrated from the Prophet (peace and blessings be upon him), and her narration appears in Sunan Abi Dawud and al-Nasa’i. This is considered among the strongest types of mursal narrations. She also narrated from Aisha, Umm Habiba, and Umm Salama—Mothers of the Believers.
Narrated from her: her son Mansur ibn Abd al-Rahman al-Hajibi, her grandson Muhammad ibn Imran al-Hajibi, al-Hasan ibn Muslim ibn Yanaq, Ibrahim ibn Muhajir, Qatadah, Yaqub ibn Ata ibn Abi Rabah, and Umar ibn Abd al-Rahman ibn Muhaysin al-Sahmi the reciter—and several others.
Yahya ibn Maʿin said: Ibn Jurayj did not hear from her, but he did encounter her.
In Sunan Ibn Majah, through the chain of Muhammad ibn Ishaq, it is reported that she saw the Messenger of Allah on the day of the Conquest entering the Kaʿbah, and it had poles, so he broke them. (All narrators in this hadith are trustoworthy except for Ibn Ishaaq)
I believe she lived into the reign of al-Walid ibn Abd al-Malik.
Siyar A’lam Nubala By Ad Dhahabi (3/507-509)
Translation: Umm al-Dardaʾ
The noble woman, scholar, jurist: Hujaymah – and it is also said: Juhaymah – al-Awsabiyyah al-Jumayriyyah of Damascus. She is Umm al-Dardaʾ the Younger.
She narrated a great deal of knowledge from her husband Abu al-Dardaʾ, and from Salman al-Farisi, Kaʿb ibn Asim al-Ashʿari, Aisha, Abu Hurayrah, and a group of others.
She recited the Quran to Abu al-Dardaʾ when she was young, lived a long life, and became famous for her knowledge, worship, and asceticism.
Narrating from her were: Jubayr ibn Nufayr, Abu Qilabah al-Jarmi, Salim ibn Abi al-Jaʿd, Rajaʾ ibn Haywah, Yunus ibn Maysarah, Makhul, Ataʾ al-Kikhirani, Ismail ibn Ubayd Allah ibn Abi al-Muhajir, Zayd ibn Aslam, Abu Hazim al-Aʿraj, Ibrahim ibn Abi ʿUblah, and Uthman ibn Hayyan al-Marri.
Abu Mus-hir al-Ghassani said: Umm al-Dardaʾ is Hujaymah bint Habi al-Wasabiyyah, and Umm al-Dardaʾ the Elder is Khayrah bint Abi Hadard, who had companionship with the Prophet.
Muhammad ibn Sulayman, the son of Abu al-Dardaʾ, said: the name of the jurist Umm al-Dardaʾ, whom Abu al-Dardaʾ left behind at his death and who was proposed to by Muʿawiyah, is Hujaymah bint Hati al-Awsabiyyah.
Ibn Jabir and Uthman ibn Abi al-ʿAtikah said: Umm al-Dardaʾ was an orphan raised by Abu al-Dardaʾ. She used to share a cloak with him, pray in the rows of men, and sit among groups of Quran reciters teaching the Quran. One day, Abu al-Dardaʾ said to her: “Join the rows of the women.”
Abd Allah ibn Salih narrated to us from Muʿawiyah ibn Salih, from Abu al-Zahiriyyah, from Jubayr ibn Nufayr, from Umm al-Dardaʾ, that she said to Abu al-Dardaʾ at the time of his death: “You proposed to my parents in this world, and they married me to you. Now I propose to you for the afterlife.” He replied, “Then do not remarry after me.” So Muʿawiyah proposed to her, and she informed him of what had happened. He said: “Then remain unmarried and observe fasting.” (Imam Malik recorded this, hadith no. 198; al-Bukhari 1/229–230; Muslim (237). Al-Istijmar refers to using stones for cleaning after relieving oneself, from which comes the act of throwing pebbles (jamarat) in Mina.)
It was also narrated from another chain through Luqman ibn ʿAmir, with the addition: she was known for her beauty and good appearance.
Maymun ibn Mihran narrated from her that she said: Abu al-Dardaʾ said to me: “Do not ask anyone for anything.” I said, “Even if I need something?” He said: “Follow the harvesters. Watch for what falls from them. Let it lie there, then collect it, grind it, and eat it.”
Makḥul said: Umm al-Dardaʾ was a faqih (jurist).
ʿAwn ibn Abd Allah said: We used to go to Umm al-Dardaʾ and she would remember Allah in our presence. Yunus ibn Maysarah said: The women would worship alongside Umm al-Dardaʾ, and when they grew weak from standing, they would cling to the mountains. (One of the Mothers of the Believers once did this, so the Prophet forbade her and ordered the knot to be untied, and said: “Let each of you pray as long as he has energy, and when he becomes tired, let him sit.” See al-Bukhari 3/30; Muslim (784).
Uthman ibn Hayyan said: I heard Umm al-Dardaʾ say: “One of them says: ‘O Allah, provide for me!’ while he knows that Allah will not rain down gold or silver upon him. Rather, Allah provides some of them through others. So if someone gives you something, accept it. If you are rich, give it to someone in need, and if you are poor, use it for help.”
Ismail ibn Ubayd Allah said: Abd al-Malik ibn Marwan was sitting on the Rock in Bayt al-Maqdis, and Umm al-Dardaʾ was sitting with him. When the call for Maghrib was made, he stood up, and she stood leaning on him until he brought her into the masjid. She sat with the women, and he proceeded to the maqam and led the people in prayer. (And this is from the virtue of a woman of such stature and closeness to the rulers of her time)
Yahya ibn Yahya al-Ghassani said: Abd al-Malik ibn Marwan used to sit often with Umm al-Dardaʾ at the back of the masjid in Damascus.
Abd Rabbih ibn Sulayman said: Umm al-Dardaʾ performed Hajj in the year 81AH.
Siyar A’lam Nubala By Ad Dhahabi (4/277-279)
Translation: Muʿādhah
Daughter of Abd Allah, the noble woman, scholar, Umm al-Sahbaʾ al-Adawiyyah from Basrah, known for her worship. She was the wife of the exemplary role model, Sila ibn Ashyam.
She narrated from Ali ibn Abi Talib, Aisha, and Hisham ibn Amir.
Narrated from her: Abu Qilabah al-Jarmi, Yazid al-Rushk , Asim al-Ahwal, Umar ibn Dharr, Ishaq ibn Suwayd, Ayyub al-Sakhtiyani, and others.
Her hadith is used as evidence in the authentic collections, and Yahya ibn Maʿin declared her trustworthy.
It reached us that she used to spend the night in worship and would say: “I am amazed at an eye that sleeps while it knows how long the sleep in the darkness of the graves will be.”
When her husband Sila and her son were martyred in one of the battles, the women gathered around her, and she said: “Welcome to you—if you have come to congratulate, then welcome. But if you have come for something else, then go back.”
She used to say: “By Allah, I do not love to remain in this life except to draw near to my Lord through means—perhaps He will gather me with Abu al-Shaʿthaʾ and his son in Paradise.”
Abu al-Faraj ibn al-Jawzi recorded her death as in the year 83AH.
Siyar A’lam Nubala By Ad Dhahabi (4/508-509)
Translation: Bint al-Mahāmili
The scholar, jurist, and muftiyah: Amat al-Wahid bint al-Husayn ibn Ismail. She studied fiqh under her father, narrated from him, and also narrated from Ismail al-Warraq and Abd al-Ghafir al-Jinsi. She memorised the Quran, mastered the fiqh of al-Shafiʿi, excelled in the laws of inheritance, complex legal scenarios, Arabic grammar, and other subjects. Her name was Sunaytah.
Al-Barqani said: She used to study alongside Abu Ali ibn Abi Hurayrah. (Tarikh Baghdad 14/142, 443.)
Others said: She was among the most knowledgeable people in fiqh.
Narrated from her: al-Hasan ibn Muhammad al-Khallal.
She died in the year 377AH.
She was the mother of the qadi Muhammad ibn Ahmad ibn al-Qasim al-Mahāmili. (He has a biography in: Tarikh Baghdad 1/333–334. See also: al-Mihras 47–48; Tarikh Baghdad 1/280–281; al-Asbab 7/395–396; Tarikh Ibn Asakir 14/337a–337b; al-Muntazam 6/307–308; Muʿjam al-Udabaʾ 17/167–173; Wafayat al-Aʿyan 4/299–301; al-ʿIbar 2/195–196; Maʿrifat al-Qurraʾ 1/221–225; al-Wafi bil-Wafayat 2/37–38; Mirʾat al-Hanan 2/279–291; al-Bidayah wa al-Nihayah 11/194–195; Ghayat al-Nihayah 20/52–56; al-Nujum al-Zahira 3/267; Shadharat al-Dhahab 2/313–314.)
Siyar A’lam Nubala By Ad Dhahabi (15/264)
Translation: Karimah
The shaykhah, scholar, virtuous woman, and musnidah (transmitter of hadith with chain): Umm al-Karam, Karimah bint Ahmad ibn Muhammad ibn Hatim al-Marwaziyyah, who lived near the Sacred Sanctuary in Makkah.
She heard from Abu al-Haytham al-Kushmihani the Sahih of al-Bukhari, and she also heard from Zahir ibn Ahmad al-Sarkhi and Abd Allah ibn Yusuf ibn Bamuyah al-Asbahani.
Whenever she narrated, she would crosscheck with her original copy. She had understanding, insight, goodness, and worship.
She narrated the Sahih many times—once with the reading of Abu Bakr al-Khatib during the pilgrimage season.
She died unmarried, never having married at all.
Narrated from her: al-Khatib, Abu al-Ghanaʾim al-Narsi, Abu Talib al-Husayn ibn Muhammad al-Zaynabi, Muhammad ibn Barakat al-Saʿidi, Ali ibn al-Husayn al-Farraʾ, Abd Allah ibn Muhammad ibn Sadaqah ibn al-Ghazal, Abu al-Qasim Ali ibn Ibrahim al-Nasib, Abu al-Muzaffar Mansur ibn al-Samʿani, and others.
Abu al-Ghanaʾim al-Narsi said: I brought out my copy of the Sahih to Karimah. I sat beside her and wrote seven pages and read them. I intended to do the comparison on my own, but she said: “Not until you compare with me.” So I did the comparison with her.
He said: I read to her from the narration of Zahir.
Abu Bakr ibn Mansur al-Samʿani said: I heard my father mention Karimah and say, “Has anyone ever seen someone like Karimah?”
Abu Bakr said: I heard the niece of Karimah say: Karimah never married. Her father was from Kushmihani, and her mother was from the descendants of al-Sayyari. Her father took her to Bayt al-Maqdis, then returned with her to Makkah. She lived to reach one hundred years of age.
Ibn Nuqtah said: I recorded her death from the handwriting of Ibn Nasir as being in the year 465.
Ad Dhahabi said: the correct date of her death is 463AH.
Hibat Allah ibn al-Akfani said: In the year 463, Abd al-Aziz ibn Ali al-Sufi told me: “In Makkah, I heard news from Mukhayr that Karimah died in the months of this year.”
Abu Jaʿfar Muhammad ibn Ali al-Hamadani said: I performed Hajj in the year 463, and we heard on the road that Karimah had died, but I did not catch up with her.
Siyar A’lam Nubala By Ad Dhahabi (18/233-234)
Translation: Aisha bint Hasan
Daughter of Ibrahim, the preacher, scholar, and musnidah, Umm al-Fath al-Asbahaniyyah, al-Warkaniyyah. (Warkan is a district in Isfahan.)
She wrote down the dictations of Abu Abd Allah ibn Mandah in her own handwriting. She heard hadith from Muhammad ibn Jashnas, the narrator from Ibn Saʿid, and from Abd al-Wahid ibn Shah, and from a number of others.
Narrated from her: al-Husayn ibn Abd al-Malik al-Khallal, Saʿid ibn Abi al-Rajaʾ, and Ismail ibn Muhammad al-Hafiz.
Ibn al-Samʿani said: I asked the hadith scholar Ismail about her. He said: “She was a righteous woman, a scholar, and a preacher to women. She wrote down the dictations (amali) of Ibn Mandah from him. She was the first person from whom I heard hadith—my father sent me to her. She was devoted to worship.”
I say: She was also narrated from by Muhammad ibn Hamd al-Kubrayti and Ismail al-Hammami al-Muʿammar. He was the last of her students. She lived until the year 466 AH. (Ibn al-Dhahabi mentioned her death in al-Ibar in the year 460, and Yaqut also mentioned it in Mu’jam al-Buldan. In al-Lubab, it is stated that she died in 463. In Taj al-Arus, the date of her death is given as 495.)
Siyar A’lam Nubala By Ad Dhahabi (18/302-303)
Translation: Fatimah
Daughter of al-Hasan ibn Ali al-Baghdadi al-ʿAttar, known as Umm al-Fadl, the skilled scribe famously called bint al-Aqraʿ.
People praised the excellence and beauty of her handwriting. Her calligraphy was admired for its mastery and refinement. She was the one selected to write the treaty of truce to the King of the Romans on behalf of the Caliphate, and her writing became proverbial. Her handwriting was so good that people used it as an example.
She narrated hadith from Abu Umar ibn Mahdi and others.
Narrated from her: Abu al-Qasim ibn al-Samarqandi, the qadi of the maristan, Abd al-Wahhab al-Anmati, and Abu Saʿd ibn al-Baghdadi.
Al-Samʿani said: I heard Muhammad ibn Abd al-Baqi al-Ansari say: I heard Fatimah bint al-Aqraʿ say: “I wrote one page for Amīd al-Mulk, and he gave me one thousand dinars.” . Amid al-Mulk was a high-ranking vizier in the Abbasid bureaucracy known for his generosity toward scholars and scribes.
She died in Muharram of the year 480.
In that same year also died: Bint al-Daqqaq Possibly a woman of virtue or scholarship, mentioned without detailed biography.
Siyar A’lam Nubala By Ad Dhahabi (18/479-480)
Translation: Bint Zuʿbal
The shaykhah, scholar, Qur’an teacher, righteous and long-lived woman, the musnidah of Nishapur: Umm al-Khayr Fatimah bint Ali ibn Muzhaffar ibn al-Hasan ibn Zuʿbal ibn ʿAjlan al-Baghdadiyyah, then al-Naysaburiyyah.
She was born in the year 435.
She heard hadith from Abu al-Husayn Abd al-Ghafir al-Farisi, and she was the last person to narrate from him.
Abu Saʿd al-Samʿani said: She was a righteous, knowledgeable woman who taught girls the Qur’an. She heard from Abd al-Ghafir the entirety of Sahih Muslim, Gharib al-Hadith by al-Khattabi, and other works.
I say: narrated from her were Abu Saʿd al-Samʿani, Abu al-Qasim ibn Asakir, al-Muʾayyad ibn Muhammad, Zaynab al-Shiʿriyyah, and a group of others.
She passed away in early Muharram of the year 532. It is also said she died in 533.
Siyar A’lam Nubala By Ad Dhahabi (19/625/626)
Translation: Fatimah bint al-Baghdadi
The shaykhah, scholar, preacher, righteous and long-lived woman, the musnidah of Isfahan: Umm al-Bahaʾ, Fatimah bint Muhammad ibn Abi Saʿd Ahmad ibn al-Hasan ibn Ali ibn al-Baghdadi al-Asbahani.
She was born after the year 440AH.
She heard hadith from Ahmad ibn Mahmud al-Thaqafi, Ibrahim ibn Mansur the grandson of Bahruwayh, Abu al-Fadl Abd al-Rahman ibn Ahmad al-Razi the Qur’an reciter, and Saʿid ibn Abi Saʿid al-ʿAbbar.
She lived a long life and was the only one to transmit some narrations.
Narrated from her: al-Samʿani, Ibn Asakir, Abu Musa al-Madani, Muhammad ibn Abi Talib ibn Shahriyar, Abd al-Latif ibn Muhammad al-Khwarazmi, Muhammad ibn Muhammad ibn Muhammad al-Rarani, Jaʿfar ibn Muhammad Ayyusan, and her daughter’s son Dard ibn Muʿammar.
Al-Samʿani said: She was a long-lived shaykhah and musnidah, and he recorded her date of birth.
Abu Musa said: She died on the 25th of Ramadan in the year 539. (He said: she was nearly ninety-four years old.)
Siyar A’lam Nubala By Ad Dhahabi (20/148)
