Muslimwoman
Coexistence insha'Allah
For most non Muslims the only time they will hear the word fatwa is in relation to a death sentence reported in the media, so what is a fatwa and should you be scared?
A fatwa is the opinion of a scholar or body of scholars derived from their understanding and interpretation of Quran, sunnah, consensus (agreed up by former scholars) and if necessary ijtihad (reasoning).
So if we compare a fatwa to western court rooms we can see judges handing down rulings based on laws with an accepted interpretation (in Islam this would be called qala). However at times a legal opinion may be asked for, which will then "reinforce, change, establish, or overturn legal precedent". A legal opinion will not simply state the opinion but also explain where the opinion was derived from, which is also done in a fatwa. The difference between western legal systems and a fatwa is that a fatwa is not legally binding.
Who can issue fatwas?
Imam Shafi, founder of one of the four Sunni schools of jurisprudence said:
"It is not allowed for anyone to give a Shariah explanation (fatwā), except one who knows the Holy Qur’ān completely including what verses are abrogated and by which verses they were abrogated, and which verses resemble each other in the Qur’ān and whether a chapter was revealed in Makkah or Madina. He must know the entire corpus of the Hadith of the Prophet (s), both those which are authentic and those which are false. He must know the Arabic language of the time of the Prophet(s) with its grammar and eloquence as well as know the poetry of the Arabs. Additionally, he must know the culture of the various peoples who live in each different nation of the community. If a person has all such attributes combined in himself, he may speak on what is permitted (ħalāl) and what is forbidden (ħarām). Otherwise he has no right to issue a fatwā."
As far as I'm aware nobody in this day and age is able to qualify according to Shafi's requirements. However, many Muslim countries have Mufti's (a Mufti is qualified to issue fatwa) and in Al Azhar here in Egypt the Grand Mufti's department has numerous people qualified to issue fatwa in certain aspects of Islam (eg some will deal with family issues, others with legal issues, religious issues, business, etc).
Of course that doesn't stop the local Imam who knows nothing of Islamic jurisprudence issuing fatwas left, right and centre or keyboard warriors for that matter.
Who must obey/follow a fatwa?
Well nobody really, unless you've bound yourself to a particular scholar and then by your own will you would follow all of his opinions. A fatwa issued in Pakistan will have no relevance to me. A fatwa issued by the Grand Mufti of Egypt will have much more relevance but I still don't have to follow his opinion if I don't want to or if I think it's politically motivated.
So the fatwa issued by the self proclaimed caliph (the Daesh leader) declaring himself the new caliph of all Muslims was met with "yeah whatever" by virtually all Muslims around the world.
What if there are opposing fatwa?
I'll give you an example, in the books Fatawa Islamiyah by Darussalam (salafist from Saudi) (English translation) we find a fatwa by Sheikh bin Baz stating that if a man travels abroad to work or study for a period of time knowing he will return to his country after some time he can marry a woman knowing he will divorce her in the future providing he doesn't tell the bride, her father, etc of his intention (because that would make it temporary marriage which is prohibited).
In the same book we find a fatwa by Sheikh Al Uthaimin, who was a student of bin Baz so must have known his opinion on the matter. Sheikh Uthaimin states that a man may not marry when he travels if he knows he will divorce his wife later because this would be cheating the bride and her family.
So as a Muslim which fatwa should I follow? I cannot say which opinion is right or wrong according to Islam, I don't have that knowledge. Each man gives his reasoning and evidence, I then decide which one I believe is more correct and I follow that one. I can also ignore both and follow someone else's opinion.
So when someone issues a fatwa saying I must kill Salman Rushdie I ignore it and go to have a nice cup of tea.
A fatwa is the opinion of a scholar or body of scholars derived from their understanding and interpretation of Quran, sunnah, consensus (agreed up by former scholars) and if necessary ijtihad (reasoning).
So if we compare a fatwa to western court rooms we can see judges handing down rulings based on laws with an accepted interpretation (in Islam this would be called qala). However at times a legal opinion may be asked for, which will then "reinforce, change, establish, or overturn legal precedent". A legal opinion will not simply state the opinion but also explain where the opinion was derived from, which is also done in a fatwa. The difference between western legal systems and a fatwa is that a fatwa is not legally binding.
Who can issue fatwas?
Imam Shafi, founder of one of the four Sunni schools of jurisprudence said:
"It is not allowed for anyone to give a Shariah explanation (fatwā), except one who knows the Holy Qur’ān completely including what verses are abrogated and by which verses they were abrogated, and which verses resemble each other in the Qur’ān and whether a chapter was revealed in Makkah or Madina. He must know the entire corpus of the Hadith of the Prophet (s), both those which are authentic and those which are false. He must know the Arabic language of the time of the Prophet(s) with its grammar and eloquence as well as know the poetry of the Arabs. Additionally, he must know the culture of the various peoples who live in each different nation of the community. If a person has all such attributes combined in himself, he may speak on what is permitted (ħalāl) and what is forbidden (ħarām). Otherwise he has no right to issue a fatwā."
As far as I'm aware nobody in this day and age is able to qualify according to Shafi's requirements. However, many Muslim countries have Mufti's (a Mufti is qualified to issue fatwa) and in Al Azhar here in Egypt the Grand Mufti's department has numerous people qualified to issue fatwa in certain aspects of Islam (eg some will deal with family issues, others with legal issues, religious issues, business, etc).
Of course that doesn't stop the local Imam who knows nothing of Islamic jurisprudence issuing fatwas left, right and centre or keyboard warriors for that matter.
Who must obey/follow a fatwa?
Well nobody really, unless you've bound yourself to a particular scholar and then by your own will you would follow all of his opinions. A fatwa issued in Pakistan will have no relevance to me. A fatwa issued by the Grand Mufti of Egypt will have much more relevance but I still don't have to follow his opinion if I don't want to or if I think it's politically motivated.
So the fatwa issued by the self proclaimed caliph (the Daesh leader) declaring himself the new caliph of all Muslims was met with "yeah whatever" by virtually all Muslims around the world.
What if there are opposing fatwa?
I'll give you an example, in the books Fatawa Islamiyah by Darussalam (salafist from Saudi) (English translation) we find a fatwa by Sheikh bin Baz stating that if a man travels abroad to work or study for a period of time knowing he will return to his country after some time he can marry a woman knowing he will divorce her in the future providing he doesn't tell the bride, her father, etc of his intention (because that would make it temporary marriage which is prohibited).
In the same book we find a fatwa by Sheikh Al Uthaimin, who was a student of bin Baz so must have known his opinion on the matter. Sheikh Uthaimin states that a man may not marry when he travels if he knows he will divorce his wife later because this would be cheating the bride and her family.
So as a Muslim which fatwa should I follow? I cannot say which opinion is right or wrong according to Islam, I don't have that knowledge. Each man gives his reasoning and evidence, I then decide which one I believe is more correct and I follow that one. I can also ignore both and follow someone else's opinion.
So when someone issues a fatwa saying I must kill Salman Rushdie I ignore it and go to have a nice cup of tea.
