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7. Feedback - happy with your Fatwa then let people know, after all you are depending on others people input in your buying decision, so why not give a little back.
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A
fatwā (; plural
fatāwā ), is a considered opinion in
Islam made by a mufti, a scholar capable of issuing judgments on Sharia (Islamic law). Usually a fatwa is issued at the request of an individual or a judge to settle a question where
fiqh (Islamic
jurisprudence) is unclear.
History
In the early days of Islam, fatwa were pronounced by distinguished scholars to provide guidance to other scholars, judges and citizens on how subtle points of Islamic law should be understood, interpreted or applied. There were strict rules on who is eligible (see below) to issue a valid fatwa and who could not, as well as on the conditions the fatwa must satisfy to be valid. Today many
Majority Muslim countries (such as Egypt and
Tunisia) have an official mufti position; a distinguished expert in the Sharia is named by the civil authorities of the country.According to the Usul al-fiqh (Principles of Jurisprudence), the latter are as follows :
The fatwa is in line with relevant legal proofs, deduced from Qur'anic verses and hadiths;
It is issued by a person (or a board) having due knowledge and sincerity of heart;
It is free from individual opportunism, and not depending on political servitude;
It is adequate with the needs of the contemporary world.
Today, with the existence of modern independent States, each with its own legislative system, and/or its own body of ulemas, each country develops and applies its own rules, based on its own interpretation of religious prescriptions.
Fatwa at national level
In nations where
Sharia is the basis of civil law, but has not been codified, as is the case of some Arab countries in the Middle East, fatawa by the national religious leadership are debated prior to being issued. In theory, such fatwa should rarely be contradictory. If two fatawa are potentially contradictory, the ruling bodies (combined civil and religious law) would attempt to define a compromise interpretation that will eliminate the resulting ambiguity. In these cases, the national theocracies expect fatawa to be settled law.
In the majority of Arab countries, however, Islamic law has been codified in each country according to its own rules, and is interpreted by the judicial system according to the national jurisprudence. Fatawa have no direct place in the system, except to clarify very unusual or subtle points of law for experts (not covered by the provisions of modern civil law), or to give moral authority to a given interpretation of a rule.
In nations where Islamic law is not the basis of law (as is the case in various Asian and African countries), different mujtahids can issue contradictory fatawa. In such cases, Muslims would typically honour the fatwa deriving from the leadership of their religious tradition. For example, Sunni Islam Muslims would favor a Sunni fatwa whereas
Shi'a Islam would follow a Shi'a one.
There exists no international Islamic authority to settle fiqh issues today, in a legislative sense. The closest such organism is the Islamic Fiqh Academy, (a member of the Organization of the Islamic Conference (OIC)), which has 43 member States. But it can only render fatawa that are not binding on anyone.
Legal implications of a fatwa
There is a binding rule that saves the fatwa pronouncements from creating judicial havoc, whether within a Muslim country or at the level of the Islamic world in general: it is unanimously agreed that a fatwa is only binding on its author.
This was underlined by Sheikh Abdul Mohsen Al-Obeikan, vice-minister of Justice of Saudi Arabia, in an interview with the Arabic daily "Asharq al awsat", as recently as on
July 9,
2006, in a discussion of the legal value of a fatwa by the Islamic Fiqh Academy (IFA) on the subject of misyar marriage, which had been rendered by IFA on April 12, 2006 (see relevant excerpts in note below).
Despite this, some theologians present their fatwas as obligatory, or adopt some "in-between" position.
Thus, the
Sheikh of Al-Azhar in Cairo, Muhammad Sayid Tantawy, who is the leading religious authority in the Sunni Muslim establishment in Egypt, alongside the Mufti of Egypt, said the following about fatwas issued by
himself or the entire Dar al-Ifta:
"Fatāwa issued by
Al-Azhar are not binding, but they are not just whistling in the wind either; individuals are free to accept them, but Islam recognizes that extenuating circumstances may prevent it. For example, it is the right of Muslims in
France who object to the
French law on secularity and conspicuous religious symbols in schools to bring it up to the legislative and judicial authorities. If the judiciary decides in favor of the government because the country is secular, they would be considered to be Muslim individuals acting under compelling circumstances." Otherwise, in his view, they would be expected to adhere to the fatwa.
In Morocco, where king
Mohammed VI of Morocco is also
Amir al-Muminin (Commander of the faithful), the authorities have tried to organize the field by creating a scholars' council (
conseil des oulémas) composed of muslim scholars (
ulema) which is the only one allowed to issue fatwas. In this case, a national theocracy could in fact compel intra-national compliance with the fatwa, since a central authority is the source. Muslims in other nations would obviously not be required to obey it.
Some contemporary fatawa
Fatawa are expected to deal with religious issues, subtle points of interpretation of the fiqh, as well as various mundane matters, as exemplified by the cases cited in the archives linked below. In exceptional cases, religious issues and political ones seem to be inextricably intertwined, as exemplified by the following fatawa:
Ayatollah
Ruhollah Khomeini in 1989 pronounced a death sentence on
Salman Rushdie#The Satanic Verses controversy, the author of
The Satanic Verses (novel).
Yusuf al-Qaradawi released a fatwa on April 14th 2004, stating that the boycott of American and Israeli products was an obligation for all who are able. The fatwa reads in part:If people ask in the name of religion we must help them. The vehicle of this support is a complete boycott of the enemies' goods. Each riyal, dirham …etc. used to buy their goods eventually becomes bullets to be fired at the hearts of brothers and children in Palestine. For this reason, it is an obligation not to help them (the
enemies of Islam) by buying their goods. To buy their goods is to support tyranny, oppression and aggression. Buying goods from them will strengthen them; our duty is to make them as weak as we can. Our obligation is to strengthen our resisting brothers in the Sacred Land as much as we can. If we cannot strengthen the brothers, we have a duty to make the enemy weak. If their weakness cannot be achieved except by boycott, we must boycott them.
American goods, exactly like the great Israeli goods, are forbidden. It is also forbidden to advertise these goods, even though in many cases they prove to be superior. America today is a second Israel. It totally supports the Zionist entity. The usurper could not do this without the support of America. “Israel’s” unjustified destruction and vandalism of everything has been using American money, American weapons, and the American veto. America has done this for decades without suffering the consequences of any punishment or protests about their oppressive and prejudiced position from the Islamic world.http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503543874http://www.islamonline.net/servlet/Satellite?cid=1119503545220&pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaEAskTheScholar
Sheik Sadeq Abdallah bin Al-Majed, leader of the Muslim Brotherhood in
Sudan, issued a fatwa that prohibits vaccination of children claiming it is a conspiracy of the
Jews and Freemasons.http://www.memritv.org/clip/en/1522.htmhttp://www.memritv.org/clip_transcript/en/1522.htm
Indian Muslim scholars issued a fatwa of death against
Taslima Nasreen, an exiled controversial Bangladeshi writer. Majidulla Khan Farhad of Hyderabad-based Majlis Bachao Tehriq issued the fatwa at the Tipu Sultan mosque in Kolkata after Juma prayers as saying Taslima has defamed Islam and announced “unlimited financial reward” to anybody who would kill her. http://www.app.com.pk/en/index.php?option=com_content&task=view&id=14998&Itemid=2
Other meanings
Fatawa like the above have drawn a great deal of attention in Western media, giving rise to the use of the term
fatwa to apply to statements by non-Muslims that advocate an extreme religious or political position, and loosely or as slang for other sorts of decrees, for example:
"The pope issued a fatwa."
Quotations
- "In Sunni Islam, a fatwa is nothing more than an opinion. It is just a view of a mufti and is not binding in India." ― Maulana Mehmood Madani, president of the Jamaat-e-Ulema-e-Hind
- "The current fashion for online fatwas has created an amazingly legalistic approach to Islam as Mullah - some of whom have only a tenuous grip on reality - seek to regulate all aspects of life according to their own interpretation of the Qur'an." ― Brian Whitaker, The Guardian, January 17, 2006
- Excerpts from an interview given by Sheikh Abdul Mohsen Al-Obeikan, vice-minister of Justice of Saudi Arabia, to the Arabic daily Asharq al awsat on July 9, 2006, in which he discusses the legal value of a fatwa by the Islamic Fiqh Academy (IFA) on the subject of misyar marriage, which had been rendered by IFA on April 12, 2006:
:
Asharq Al-Awsat: From time to time and through its regular meetings, the Islamic Fiqh Academy usually issues various fatwas dealing with the concerns Muslims. However, these fatwas are not considered binding for the Islamic states. What is your opinion of this?
:
Obeikan: Of course, they are not binding for the member Islamic states.
:
Asharq Al-Awsat: But, what is the point of the Islamic Fiqh Academy's consensus on fatwas that are not binding for the member States?
:
Obeikan: There is a difference between a judge and a mufti. The judge issues a verdict and binds people to it. However, the mufti explains the legal judgment but he does not bind the people to his fatwa. The decisions of the Islamic Fiqh Academy are fatwa decisions that are not binding for others. They only explain the legal judgment, as the case is in fiqh books.
:
Asharq Al-Awsat: Well, what about the Ifta House Saudi fatwa organism ? Are its fatwas not considered binding on others?
:
Obeikan: I do not agree with this. Even the decisions of the Ifta House are not considered binding, whether for the people or the State.
See also
External links
- Fatwa: Islamic Measure For Young Muslim Girls in Germany
- 'Fatwa' helps Proctor & Gamble in Anti-Counterfeiting Campaign
- The Fatwa and Revolutionary Islamic Movements
- The Warped Economics of Fatwa: Demand Creates Its OWN Supply by Dr. Mohammad Omar Farooq
- Sheikh Abdul Mohsen Al-Obeikan, vice-minister of Justice of Saudi Arabia, interview with the Arabic daily "Asharq al awsat" on July 9, 2006, discussion of the legal value of a fatwa.
Fatwa websites
- [http://www.darulifta-deoband.org/ Darul Ifta - Deoband India
- [http://www.Daruliftaa.com / Darul Iftaa of Mufti Muhammad ibn Adam al Kawthari
- [http://www.SunniPath.com / Website of scholars such as Shaykh Faraz Rabbani
- www.IslamOnline.net / Contemporary islamist scholars from North America, Europe, MiddleEast and featuring Yusuf al-Qaradawi.
- Fatwas by Mufti Taqi Usmani
- [http://www.islamtoday.com / supervised by Sheikh Salman bin Fahd al-Oadah - Saudi Arabia, maintained in 4 different languages viz. English, Arabic, Francais, Chinese.
- [http://www.survivorsareus.com / Fatwas by Sheikh Muhammad Salih al-Munajjid of Saudi Arabia and Dr. Abdullah Faqih of Dubai.0
- Website of Mufti Ebrahim Desai
- www.Islam-QA.com supervised by Sheikh Muhammad Salih al-Munajjid, Saudi Arabia, maintained in 7 different languages viz. English, Arabic, Urdu, Francais, Indonesian, Japanese, Spanish.
- Fatwa by Majelis Ulama Indonesia
- Fatwa about Islamic Economics by Dewan Syariah Nasional of Majelis Ulama Indonesia
- fatwa-online.com, Saudi Arabia.
- [http://www.dar-alifta.com / Darul Iftaa of Egypt
Also mirror site www.eFatwa.com
References
A
fatwā (; plural
fatāwā ), is a considered opinion in Islam made by a
mufti, a scholar capable of issuing judgments on Sharia (Islamic law). Usually a fatwa is issued at the request of an individual or a judge to settle a question where fiqh (Islamic jurisprudence) is unclear.
History
In the early days of Islam, fatwa were pronounced by distinguished scholars to provide guidance to other scholars, judges and citizens on how subtle points of Islamic law should be understood, interpreted or applied. There were strict rules on who is eligible (see below) to issue a valid fatwa and who could not, as well as on the conditions the fatwa must satisfy to be valid. Today many Majority Muslim countries (such as
Egypt and
Tunisia) have an official mufti position; a distinguished expert in the Sharia is named by the civil authorities of the country.According to the Usul al-fiqh (Principles of Jurisprudence), the latter are as follows :
The fatwa is in line with relevant legal proofs, deduced from Qur'anic verses and hadiths;
It is issued by a person (or a board) having due knowledge and sincerity of heart;
It is free from individual opportunism, and not depending on political servitude;
It is adequate with the needs of the contemporary world.
Today, with the existence of modern independent States, each with its own legislative system, and/or its own body of ulemas, each country develops and applies its own rules, based on its own interpretation of religious prescriptions.
Fatwa at national level
In nations where
Sharia is the basis of civil law, but has not been codified, as is the case of some Arab countries in the
Middle East, fatawa by the national religious leadership are debated prior to being issued. In theory, such fatwa should rarely be contradictory. If two fatawa are potentially contradictory, the ruling bodies (combined civil and religious law) would attempt to define a compromise interpretation that will eliminate the resulting ambiguity. In these cases, the national theocracies expect fatawa to be settled law.
In the majority of Arab countries, however, Islamic law has been codified in each country according to its own rules, and is interpreted by the judicial system according to the national jurisprudence. Fatawa have no direct place in the system, except to clarify very unusual or subtle points of law for experts (not covered by the provisions of modern civil law), or to give moral authority to a given interpretation of a rule.
In nations where Islamic law is not the basis of law (as is the case in various Asian and African countries), different mujtahids can issue contradictory fatawa. In such cases, Muslims would typically honour the fatwa deriving from the leadership of their religious tradition. For example, Sunni Islam Muslims would favor a Sunni fatwa whereas Shi'a Islam would follow a Shi'a one.
There exists no international Islamic authority to settle fiqh issues today, in a legislative sense. The closest such organism is the Islamic Fiqh Academy, (a member of the Organization of the Islamic Conference (OIC)), which has 43 member States. But it can only render fatawa that are not binding on anyone.
Legal implications of a fatwa
There is a binding rule that saves the fatwa pronouncements from creating judicial havoc, whether within a Muslim country or at the level of the Islamic world in general: it is unanimously agreed that a fatwa is only binding on its author.
This was underlined by Sheikh Abdul Mohsen Al-Obeikan, vice-minister of Justice of Saudi Arabia, in an interview with the Arabic daily "Asharq al awsat", as recently as on
July 9,
2006, in a discussion of the legal value of a fatwa by the Islamic Fiqh Academy (IFA) on the subject of misyar marriage, which had been rendered by IFA on April 12,
2006 (see relevant excerpts in note below).
Despite this, some theologians present their fatwas as obligatory, or adopt some "in-between" position.
Thus, the Sheikh of Al-Azhar in
Cairo, Muhammad Sayid Tantawy, who is the leading religious authority in the Sunni Muslim establishment in
Egypt, alongside the Mufti of Egypt, said the following about fatwas issued by
himself or the entire Dar al-Ifta:
"Fatāwa issued by
Al-Azhar are not binding, but they are not just whistling in the wind either; individuals are free to accept them, but Islam recognizes that extenuating circumstances may prevent it. For example, it is the right of Muslims in France who object to the French law on secularity and conspicuous religious symbols in schools to bring it up to the legislative and judicial authorities. If the judiciary decides in favor of the government because the country is secular, they would be considered to be Muslim individuals acting under compelling circumstances." Otherwise, in his view, they would be expected to adhere to the fatwa.
In Morocco, where king Mohammed VI of Morocco is also
Amir al-Muminin (Commander of the faithful), the authorities have tried to organize the field by creating a scholars' council (
conseil des oulémas) composed of muslim scholars (
ulema) which is the only one allowed to issue fatwas. In this case, a national theocracy could in fact compel intra-national compliance with the fatwa, since a central authority is the source. Muslims in other nations would obviously not be required to obey it.
Some contemporary fatawa
Fatawa are expected to deal with religious issues, subtle points of interpretation of the fiqh, as well as various mundane matters, as exemplified by the cases cited in the archives linked below. In exceptional cases, religious issues and political ones seem to be inextricably intertwined, as exemplified by the following fatawa:
Ayatollah Ruhollah Khomeini in 1989 pronounced a death sentence on Salman Rushdie#The Satanic Verses controversy, the author of
The Satanic Verses (novel).
Yusuf al-Qaradawi released a fatwa on April 14th 2004, stating that the boycott of American and Israeli products was an obligation for all who are able. The fatwa reads in part:If people ask in the name of religion we must help them. The vehicle of this support is a complete boycott of the enemies' goods. Each riyal, dirham …etc. used to buy their goods eventually becomes bullets to be fired at the hearts of brothers and children in Palestine. For this reason, it is an obligation not to help them (the
enemies of Islam) by buying their goods. To buy their goods is to support tyranny, oppression and aggression. Buying goods from them will strengthen them; our duty is to make them as weak as we can. Our obligation is to strengthen our resisting brothers in the Sacred Land as much as we can. If we cannot strengthen the brothers, we have a duty to make the enemy weak. If their weakness cannot be achieved except by boycott, we must boycott them.
American goods, exactly like the great Israeli goods, are forbidden. It is also forbidden to advertise these goods, even though in many cases they prove to be superior. America today is a second Israel. It totally supports the Zionist entity. The usurper could not do this without the support of America. “Israel’s” unjustified destruction and vandalism of everything has been using American money, American weapons, and the American veto. America has done this for decades without suffering the consequences of any punishment or protests about their oppressive and prejudiced position from the Islamic world.http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503543874http://www.islamonline.net/servlet/Satellite?cid=1119503545220&pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaEAskTheScholar
Sheik Sadeq Abdallah bin Al-Majed, leader of the Muslim Brotherhood in Sudan, issued a fatwa that prohibits vaccination of children claiming it is a conspiracy of the
Jews and Freemasons.http://www.memritv.org/clip/en/1522.htmhttp://www.memritv.org/clip_transcript/en/1522.htm
Indian Muslim scholars issued a fatwa of death against
Taslima Nasreen, an exiled controversial Bangladeshi writer. Majidulla Khan Farhad of Hyderabad-based Majlis Bachao Tehriq issued the fatwa at the Tipu Sultan mosque in Kolkata after Juma prayers as saying Taslima has defamed Islam and announced “unlimited financial reward” to anybody who would kill her. http://www.app.com.pk/en/index.php?option=com_content&task=view&id=14998&Itemid=2
Other meanings
Fatawa like the above have drawn a great deal of attention in Western media, giving rise to the use of the term
fatwa to apply to statements by non-Muslims that advocate an extreme religious or political position, and loosely or as
slang for other sorts of decrees, for example:
"The
pope issued a fatwa."
Quotations
- "In Sunni Islam, a fatwa is nothing more than an opinion. It is just a view of a mufti and is not binding in India." ― Maulana Mehmood Madani, president of the Jamaat-e-Ulema-e-Hind
- "The current fashion for online fatwas has created an amazingly legalistic approach to Islam as Mullah - some of whom have only a tenuous grip on reality - seek to regulate all aspects of life according to their own interpretation of the Qur'an." ― Brian Whitaker, The Guardian, January 17, 2006
- Excerpts from an interview given by Sheikh Abdul Mohsen Al-Obeikan, vice-minister of Justice of Saudi Arabia, to the Arabic daily Asharq al awsat on July 9, 2006, in which he discusses the legal value of a fatwa by the Islamic Fiqh Academy (IFA) on the subject of misyar marriage, which had been rendered by IFA on April 12, 2006:
:
Asharq Al-Awsat: From time to time and through its regular meetings, the Islamic Fiqh Academy usually issues various fatwas dealing with the concerns Muslims. However, these fatwas are not considered binding for the Islamic states. What is your opinion of this?
:
Obeikan: Of course, they are not binding for the member Islamic states.
:
Asharq Al-Awsat: But, what is the point of the Islamic Fiqh Academy's consensus on fatwas that are not binding for the member States?
:
Obeikan: There is a difference between a judge and a mufti. The judge issues a verdict and binds people to it. However, the mufti explains the legal judgment but he does not bind the people to his fatwa. The decisions of the Islamic Fiqh Academy are fatwa decisions that are not binding for others. They only explain the legal judgment, as the case is in fiqh books.
:
Asharq Al-Awsat: Well, what about the Ifta House Saudi fatwa organism ? Are its fatwas not considered binding on others?
:
Obeikan: I do not agree with this. Even the decisions of the Ifta House are not considered binding, whether for the people or the State.
See also
External links
- Fatwa: Islamic Measure For Young Muslim Girls in Germany
- 'Fatwa' helps Proctor & Gamble in Anti-Counterfeiting Campaign
- The Fatwa and Revolutionary Islamic Movements
- The Warped Economics of Fatwa: Demand Creates Its OWN Supply by Dr. Mohammad Omar Farooq
- Sheikh Abdul Mohsen Al-Obeikan, vice-minister of Justice of Saudi Arabia, interview with the Arabic daily "Asharq al awsat" on July 9, 2006, discussion of the legal value of a fatwa.
Fatwa websites
- [http://www.darulifta-deoband.org/ Darul Ifta - Deoband India
- [http://www.Daruliftaa.com / Darul Iftaa of Mufti Muhammad ibn Adam al Kawthari
- [http://www.SunniPath.com / Website of scholars such as Shaykh Faraz Rabbani
- www.IslamOnline.net / Contemporary islamist scholars from North America, Europe, MiddleEast and featuring Yusuf al-Qaradawi.
- Fatwas by Mufti Taqi Usmani
- [http://www.islamtoday.com / supervised by Sheikh Salman bin Fahd al-Oadah - Saudi Arabia, maintained in 4 different languages viz. English, Arabic, Francais, Chinese.
- [http://www.survivorsareus.com / Fatwas by Sheikh Muhammad Salih al-Munajjid of Saudi Arabia and Dr. Abdullah Faqih of Dubai.0
- Website of Mufti Ebrahim Desai
- www.Islam-QA.com supervised by Sheikh Muhammad Salih al-Munajjid, Saudi Arabia, maintained in 7 different languages viz. English, Arabic, Urdu, Francais, Indonesian, Japanese, Spanish.
- Fatwa by Majelis Ulama Indonesia
- Fatwa about Islamic Economics by Dewan Syariah Nasional of Majelis Ulama Indonesia
- fatwa-online.com, Saudi Arabia.
- [http://www.dar-alifta.com / Darul Iftaa of Egypt
Also mirror site www.eFatwa.com
References
Fatwā - Wikipedia, the free encyclopedia
A fatwā (Arabic: فتوى ; plural fatāwā Arabic: فتاوى ), in the Islamic faith is a religious opinion on Islamic law issued by an Islamic scholar.
BBC NEWS | Middle East | Iran adamant over Rushdie fatwa
Iran's Revolutionary Guards say the death sentence against British author Salman Rushdie remains valid.
BBC NEWS | UK | Full text: Fatwa issued after London bombs
A fatwa issued by the British Muslim Forum, with the approval of more than 500 UK Muslim leaders, on 18 July.
Ayatollah revives the death fatwa on Salman Rushdie - Times Online
A FATWA against the author Salman Rushdie was reaffirmed by Iran’s spiritual leader last night in a message to Muslim pilgrims.
The fatwa on Salman Rushdie
Here's a copy of the fatwa on Salman Rushdie; I reproduce this merely for information, and it in no way represents my views. The author of The Satanic Verses, a text written ...
Islam and Fatwa and questions
A collection of Muslim sources, rulings and opinions covering religious, personal, medical and financial subjects.
Iranian fatwa approves use of nuclear weapons - Telegraph
Iran's hardline spiritual leaders have issued an unprecedented new fatwa, or holy order, sanctioning the use of atomic weapons against its enemies.
Fatwa
Legal ... Fatwa Arabic: fatwā Fatwa is a legal statement in Islam, issued by a mufti or a religious lawyer, on a specific issue.
Fatwa-Online.com eFatwa.com
An on-line collection of fataawa (Islamic rulings) given by the Council of Senior Scholars in Riyadh, Saudi Arabia; also available to download. Includes historical biographies and ...
New Statesman - Fatwa against terrorism
In Islam, creating social discord or disorder, breach of peace, rioting, bloodshed, pillage or plunder and killing of innocent persons anywhere in the world are all considered most ...