Due to the importance of fatwa, the criteria and conditions for issuing a fatwa have been determined by jurists. And in some Islamic countries, including Malaysia, Jordan, Brunei and Indonesia, due to the important effects of ifta on various political, economic, social and cultural aspects and in an effort to "standardize ifta", limitations have been identified in this regard. And based on that, fatwa outside the framework has been criminalized. In Iran's criminal law, according to Article 526 of the Criminal Code and other articles related to the guarantee caused by tasbib, the agent who is documented to have committed the crime will be responsible for the guarantee of the crime And according to the culpability and degree of blameworthiness of various factors, custom will be responsible for this citation. In cases where the mufti and the operator of the fatwa are intentional or at fault, they are definitely responsible for the crime. In the criminal law of Malaysia, if the implementation of a fatwa causes a crime in the presence of intent or the mufti's fault, the crime can be attributed to him In Malaysia, the "Fatwa Committee" is the only legal authority for issuing fatwas, and anyone who issues a fatwa outside of the Fatwa Committee is a criminal. In Iranian law, illegal issuing of fatwas is not criminalized . This article, with Descriptive-analytical and library method, aims to analyze the possibility and method of punishing the mufti and the operator of the fatwa in the two countries of Iran and Malaysia.