Importance of Fatwa in Islamic Jurisprudence

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Table of Contents

Introduction
Issues addressed in Fatwas
Overview of Islamic Jurisprudence
Importance of Fatwas in Islamic Jurisprudence
Conclusion
Reference List

Introduction

A fatwa refers to an official edict concerning Islamic law given by a person who is qualified to interpret Islamic jurisprudence and draws understanding from it. This person is referred to as a mujtahid (Mufti). To some extent, a mujtahid is allowed to give a different legal ruling based on his knowledge of Islamic law. The main use of Fatwa is to present a well-informed juridical opinion on a particular subject for personal use or even for use in courts. A Fatwa is however not a legally binding document. Before a Fatwa is enacted into law, it must be adopted by a judge in a sharia court as a basis for making a ruling or if it has been accepted by a sultan as imperial law. Due to the important role of Fatwa in shaping peoples conduct and bringing human action into the sphere of fiqh, Fatwas will always remain a significant influence in the development of Islamic law and jurisprudence.

Issues addressed in Fatwas

The subject matter that is to be commonly found in Fatwas mainly has discussions concentrating on matters of religion, laws, public morality and ethics. When a Muslim faithful is confronted with a situation that brings confusion in any of the above-mentioned areas, they are often encouraged to seek the opinion or the advice of a specialist regarding the matter; this is what is referred to as the fatwa. The person who gives this expert opinion is called a Mufti while the individual who seeks a fatwa is known as the Mustafti. A Mufti gives a fatwa through an act known as futya. It is a must for the Mufti to be learned and knowledgeable in three specific areas. These are; Islamic law (fiqh), the Koran and Hadiths (Petersen2). It is widely accepted that prophet Mohammed is the first mufti. Questions addressed in Fatwas can be drawn from any subject area. It is common that the questions covered in Fatwas are those that address matters of human conduct across all walks of life and they include for example cases of illicit sexual intercourse (zina), prostitution, suicide, finance, corruption, marriage, civil issues, and religious questions as well.

Salim and Azra (2003, p. 117) explain that in recent times, Fatwas have been prominently used to tackle modern problems that are not adequately covered in Islamic law books and the Quran. The main reason why some of the contemporary problems cannot be adequately covered in fiqh books and the Quran is that most of the law books and the Quran were written a very long time ago. These modern problems include the adoption of various family planning practices like vasectomy, severing of fallopian tubes in females, the use of intrauterine devices, political demonstrations, issues about secularization, theater, television, cinema, and use of modern communication like the internet.

Overview of Islamic Jurisprudence

According to Capes (2003, para 1-3), Islamic jurisprudence mainly revolves around understanding the relationship between the teachings of the divine legislator (Allah) and human affairs. The important areas of concentration in Islamic jurisprudence are rules regarding worship and those relating to the world in which people live. The second area is then subdivided into various sections each dealing with a unique aspect. Some of the subdivisions concentrate on domestic relations with the others dealing with civil obligations and punishments. The section that deals with domestic relations are widely regarded as the first division in Islamic jurisprudence and the second being the one that deals with civil obligations. The third section of Islamic jurisprudence is concentrated on handling issues on how to punish those who are considered to have contravened various provisions of Islamic law.

Islamic jurisprudence is based on fiqh whose basic meaning is to comprehend. The word is also used to mean the careful study of laws in Islam. Fiqh requires that people should live carefully in this world as a way of preparing for life in the next world. This can be achieved through dutifully worshipping the lord and distancing oneself from violating regulations set out in Islamic teachings in their daily conduct. The major sources of fiqh are the Quran and Sunnah which contain a set of moral laws based on the life of Prophet Mohammed. Fiqh can also be obtained through consensus among Muslims (Ijma) and through comparing religious teaching contained in the Quran with those contained in hadiths (Qiyas). Another important aspect of Islamic jurisprudence is sharia which is a philosophy based on the Quran and Sunnah and which is used as a guide on how to regulate public and private life (sharia is more than a penal code for it is used as a basis that shapes the way a person lives; this can range from the way a person prays and participates in social life)(,Dien & Izz al –Din,2004 ,p.96-98).

There are various religious obligations that a Muslim is required to meet and actions that they are required to avoid. Desirous actions are referred to as fard /wajib while those that are forbidden are differentiated into three main categories namely; Haram (a legally forbidden action), Makruh Tahrimi (actions that are strongly prohibited and regarded as sinful) and Makruh Tanzihi / Khilaf Al-Awla (actions that are detestable). In addition to the above, another important aspect of Islamic jurisprudence is knowledge of the different branches of fiqh. Fiqh is categorized into five main branches. The first branch, Aqaaid refers to beliefs and doctrine about Allah the almighty. The second branch is Ibadaat which describes worship rituals and the affirmation that man has to serve God. Man is obliged to do what is ordered by God and not doing what God forbids. There are five worship obligations for the Muslim faithful which are Taharah (Purification), Salah (praying 5 times daily), Zakah (Annual Alms-giving), Sawm (Fasting in Ramadan) and Hajj (Pilgrimage). The third branch, Mu’aamalaat provides on how to go about financial transactions. The fourth branch is called Mu’aasharaat and contains provisions regarding social conduct like dressing, eating and talking. The fifth branch, Akhlaaq mainly stresses the purity of a person’s inner character (Dien & Izz al –Din, 2004, p.96-98).

Importance of Fatwas in Islamic Jurisprudence

In regard to the above explanation, Fatwas are important in Islamic jurisprudence because they can be used as a tool for regulating human conduct. Through discourses on various issues, Fatwas help to shape people’s understanding and interpretation of Islamic law. Similarly, Fatwas are capable of shaping the attitudes and norms of people. This is mainly due to the fact that Fatwas are issued by people who are well versed and knowledgeable in Islamic law and the Quran. Through Fatwas, lay Muslims are furnished with detailed information on a variety of subjects which can be used as a decision-making framework to guide their everyday lives. This also enables them to successfully manage ambivalent situations. So, Fatwas remain an important channel through which Islamic values and rules can be transmitted to lay people from scholars. Again, Fatwas form an important link through which Islamic values and rules can be transmitted from one generation to the other (Semeedjian, 2008, p.45-50).

The doctrinal development of Islamic law is also largely influenced by the activities of Muftis. Some Fatwas which have been quoted by Islamic jurists and judges frequently end up being used as instructional materials in Madaris which served as colleges in which people could learn law and theology. Islamic jurists and Judges in sharia courts have often used Fatwas to make clarifications on how the law should be interpreted. This is particularly so today when there are modern problems that are not adequately dealt with in fiqh books and the Quran.

Fatwas are also important in Islamic jurisprudence because they are capable of providing detailed accounts of the social, political, and economic transformations that occurred in the past. These accounts are useful in promoting the understanding of the complex relationship between the Islamic religion, the state, and other social institutions. This in turn provides learners with a good context on which to evaluate how Islamic law has been interpreted in different political and social contexts. Therefore Fatwas continue to be an important source of the social history of Islam.

Another and perhaps the most important function of Fatwas is promoting intellectual growth in Islamic jurisprudence. Muftis are required to accumulate knowledge in different areas like the Quran, the hadiths and fiqh. This requires that Muftis must constantly read and research and even publish their findings or opinions on various issues. This is beneficial in that there is continuous production of new knowledge through their reading, publishing and teaching activities.

Fatwas which contain iitihad (rules derived personally from divine law in the Quran and Sunnah by a Muslim scholar without relying on other scholars) are included in manuals of substantive law called furus .In the Ottoman Empire, for example, fatwas by the empire’s shaykhual-islam were used to make rulings on social issues like prostitution which were interpreted as Zina.ebu’s su’ud’s fatwa was considered by many contemporaries of his time as being equal to the shari’a ruling on the appropriate punishment for zina offenders by stoning(Khan,2006, p.12-14)

Conclusion

A Fatwa is an expert opinion regarding any issue given by a skilled and knowledgeable expert in Islamic law known as a Mufti. Muftis have been given Fatwas throughout the history of the Islamic religion. At time’s Islamic jurists and judges refer to Fatwas when making interpretations of Islamic law. Islamic jurisprudence can be broadly be divided into two main domains. The first one is concerned with matters of the next world while the second is one which is concerned with regulations in the world in which people live. Islamic jurisprudence is mainly based on fiqh, sharia, and various obligations that a Muslim faithful should strive to accomplish or strive to avoid. These main aspects of Islamic jurisprudence all aim at ensuring that people live in accordance with Allah’s will while preparing for life in the next world.

Fatwas will continue to influence Islamic jurisprudence because they serve many important functions in the process. First, they provide a means through which Muslim scholars can pass down Islamic values and rules to common lay Muslims and have also been an important channel for transmitting these values and regulations from one generation to the other. Fatwas are also important sources of historical accounts of the Islamic religion. They contain valuable information regarding social, political, and economic changes and how they influence the relationship between religion, state, and other social institutions. Some important Fatwas have been used as instructional materials in Madaris and continue to play an important function of generating and disseminating new knowledge in the processes of Islamic jurisprudence.

Reference List

Capes, Jonathan,T. Definition and classification of Islamic jurisprudence.2003. Para 1-3. Web.

Dien, Izzi.M and Izz al-Din, Muil.Y. Islamic law: from historical foundations to contemporary practice.2004.96-98

Khan,Muqtedar,M.A. Islamic democratic discourse: theory, debates, and philosophical perspectives.2006. 12-14.

Petersen, Jakob, S. Defining Islam for the Egyptian state: muftis and fatwas of the Dār al-Iftā. 1997.2.

Salim,Arskal nad Azra, Azyumardi.Shari’a and politics in modern Indonesia.2003.117.

Semeedjian, Elyse.”Off the straight path”: illicit sex, law, and community in Ottoman Aleppo.2008.45-50.

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