Fatwa in the context of "Mufti"

⭐ In the context of Islamic jurisprudence, a *fatwa* issued by a mufti traditionally functions as…

Ad spacer

⭐ Core Definition: Fatwa

A fatwa (UK: /ˈfætwɑː/ ; US: /ˈfɑːtwɑː/; Arabic: فتوى, romanizedfatwā; pl. فتاوى, fatāwā) is a legal ruling on a point of Islamic law (sharia) given by a qualified Islamic jurist (faqih) in response to a question posed by a private individual, judge or government. A jurist issuing fatwas is called a mufti, and the act of issuing fatwas is called ifta'. Fatwas have played an important role throughout Islamic history, taking on new forms in the modern era.

Resembling jus respondendi in Roman law and rabbinic responsa, privately issued fatwas historically served to inform Muslim populations about Islam, advise courts on difficult points of Islamic law, and elaborate substantive law. In later times, public and political fatwas were issued to take a stand on doctrinal controversies, legitimize government policies or articulate grievances of the population. During the era of mass European invasion, fatwas played a part in mobilizing resistance against foreign aggressors.

↓ Menu

>>>PUT SHARE BUTTONS HERE<<<

👉 Fatwa in the context of Mufti

A mufti (/ˈmʌfti/; Arabic: مفتي [muftiː], listen) is an Islamic jurist qualified to issue a nonbinding opinion (fatwa) on a point of Islamic law (sharia). The act of issuing fatwas is called iftāʾ. Muftis and their fatāwa have played an important role throughout Islamic history, taking on new roles in the modern era.

Tracing its origins to the Quran and early Islamic communities, the practice of ifta crystallized with the emergence of the traditional legal theory and schools of Islamic jurisprudence (madhahib). In the classical legal system, fatwas issued by muftis in response to private queries served to inform Muslim populations about Islam, advise courts on difficult points of Islamic law, and elaborate substantive law. In later times, muftis also issued public and political fatwas that took a stand on doctrinal controversies, legitimized government policies or articulated grievances of the population.

↓ Explore More Topics
In this Dossier

Fatwa in the context of Sharia

Sharia (/ʃəˈrə/; Arabic: شَرِيعَة, romanizedsharīʿah, lit.'path [to water]', IPA: [ʃaˈriːʕa]), also transliterated as Sharī'ah, Shari'a, or Shariah, is a body of religious law that form the Islamic tradition based on scriptures of Islam, particularly the Qur'an and hadith. In Islamic terminology sharīʿah refers to immutable, intangible divine law, in contrast to fiqh (Islamic jurisprudence), which refers to its interpretations by Islamic scholars. Sharia, or fiqh as traditionally known, has always been used alongside customary law from the very beginning in Islamic history; it has been elaborated and developed over the centuries by legal opinions issued by qualified jurists – reflecting the tendencies of different schools – and integrated with various economic, penal and administrative laws issued by Muslim rulers; and implemented for centuries by judges in the courts until recent times, when secularism was widely adopted in Islamic societies.

Traditional theory of Islamic jurisprudence recognizes four sources for al-sharia: the Qur'an, sunnah (or authentic ahadith), ijma (lit. consensus) (may be understood as ijma al-ummah (Arabic: إجماع الأمة) – a whole Islamic community consensus, or ijma al-aimmah (Arabic: إجماع الائـمـة) – a consensus by religious authorities), and analogical reasoning. It distinguishes two principal branches of law, rituals (Ibadah) and social dealings (Muamalat); subsections family law, relationships (commercial, political / administrative) and criminal law, in a wide range of topics assigning actions – capable of settling into different categories according to different understandings – to categories (ahkam) mainly as: mandatory, recommended, neutral, abhorred, and prohibited. Beyond legal norms, Sharia also enters many areas that are considered private practises today, such as belief, worshipping, ethics, clothing and lifestyle, and gives to those in command duties to intervene and regulate them.

↑ Return to Menu

Fatwa in the context of Fiqh

Fiqh ([fiːk]; Arabic: فقه [fiqh]) is the term for Islamic jurisprudence. Fiqh is often described as the style of human understanding, research and practices of the sharia; that is, human understanding of the divine Islamic law as revealed in the Quran and the sunnah (the teachings and practices of the Islamic prophet Muhammad and his companions). Fiqh expands and develops Shariah through interpretation (ijtihad) of the Quran and Sunnah by Islamic jurists (ulama) and is implemented by the rulings (fatwa) of jurists on questions presented to them. Thus, whereas sharia is considered immutable and infallible by Muslims, fiqh is considered fallible and changeable. Fiqh deals with the observance of rituals, morals and social legislation in Islam as well as economic and political system. In the modern era, there are four prominent schools (madh'hab) of fiqh within Sunni practice, plus two (or three) within Shi'a practice. A person trained in fiqh is known as a faqīh (pl.: fuqaha).

Figuratively, fiqh means knowledge about Islamic legal rulings from their sources. Deriving religious rulings from their sources requires the mujtahid (an individual who exercises ijtihad) to have a deep understanding in the different discussions of jurisprudence.

↑ Return to Menu

Fatwa in the context of Maddhab

A madhhab (Arabic: مَذْهَب, romanizedmadhhab, lit.'way to act', IPA: [ˈmaðhab], pl. مَذَاهِب, madhāhib, [ˈmaðaːhib]) refers to any school of thought within Islamic jurisprudence. The major Sunni madhhab are Hanafi, Maliki, Shafi'i and Hanbali. They emerged in the ninth and tenth centuries CE and by the twelfth century almost all Islamic jurists aligned themselves with a particular madhhab. These four schools recognize each other's validity and they have interacted in legal debate over the centuries. Rulings of these schools are followed across the Muslim world without exclusive regional restrictions, but they each came to dominate in different parts of the world. For example, the Maliki school is predominant in North and West Africa; the Hanafi school in South and Central Asia; the Shafi'i school in East Africa and Southeast Asia; and the Hanbali school in North and Central Arabia. The first centuries of Islam also witnessed a number of short-lived Sunni madhhabs. The Zahiri school, which is considered to be endangered, continues to exert influence over legal thought. The development of Shia legal schools occurred along the lines of theological differences and resulted in the formation of the Ja'fari madhhab amongst Twelver Shias, as well as the Isma'ili and Zaydi madhhabs amongst Isma'ilis and Zaydis respectively, whose differences from Sunni legal schools are roughly of the same order as the differences among Sunni schools. The Ibadi legal school, distinct from Sunni and Shia madhhabs, is predominant in Oman. Unlike Sunnis, Shias, and Ibadis, non-denominational Muslims are not affiliated with any madhhab.

The transformations of Islamic legal institutions in the modern era have had profound implications for the madhhab system. With the spread of codified state laws in the Muslim world, the influence of the madhhabs beyond personal ritual practice depends on the status accorded to them within the national legal system. State law codification commonly drew on rulings from multiple madhhabs, and legal professionals trained in modern law schools have largely replaced traditional ulama as interpreters of the resulting laws. In the 20th century, some jurists began to assert their intellectual independence from traditional madhhabs. With the spread of Salafi influence and reformist currents in the 20th century; a handful of Salafi scholars have asserted independence from being strictly bound by the traditional legal mechanisms of the four schools. Nevertheless, the majority of Sunni scholarship continues to uphold post-classical creedal belief in rigorously adhering (Taqlid) to one of the four schools in all legal details.

↑ Return to Menu

Fatwa in the context of Islamic advice literature

Islamic advice literature may include collections of stories or anecdotes such as legal opinion, interpretation of religious text, legal theory, guidance, consultation, or Islamic stories.

Islamic advice literature is usually printed on small leaflets and often involves advice from individuals or authorities. In contrast to Fatwa, Tafsir, and Fiqh, Nasîhat and advice literature can come from secular sources, and are not required to be written by Ulama (Islamic scholars). Unlike Fiqh, Tafsir, Fatwa, or Nasîhat based on them, advice can go beyond the realm of religious scripture and may take support of otherwise not easily admissible Hadith or religious rulings in order to make normative pleas.Its reliance has been on traditional and self-renewing information about social, authoritative, or religious themes.

↑ Return to Menu

Fatwa in the context of Women in Islam

The experiences of Muslim women (Arabic: مسلمات Muslimāt, singular مسلمة Muslimah) vary widely between and within different societies due to culture and values that were often predating Islam's introduction to the respective regions of the world. At the same time, their adherence to Islam is a shared factor that affects their lives to a varying degree and gives them a common identity that may serve to bridge the wide cultural, social, and economic differences between Muslim women.

Among the influences which have played an important role in defining the social, legal, spiritual, and cosmological status of women in the course of Islamic history are the sacred scriptures of Islam: the Quran; the ḥadīth, which are traditions relating to the deeds and aphorisms attributed to the Islamic prophet Muhammad and his companions; ijmā', which is a scholarly consensus, expressed or tacit, on a question of law; qiyās, the principle by which the laws of the Quran and the sunnah or prophetic custom are applied to situations not explicitly covered by these two sources of legislation; and fatwā, non-binding published opinions or decisions regarding religious doctrine or points of law. In the Islamic understanding, children are not held responsible; gender roles, obligations or restrictions become clear when a person reaches the age of maturity.

↑ Return to Menu