Mufti in the context of "Sharia"

⭐ In the context of Sharia, what role do *mufti* traditionally play in the development and application of Islamic law?

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⭐ Core Definition: 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.

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👉 Mufti 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.

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Mufti in the context of Ulama

In Islam, the ulama (US: /ˈləmɑː/ OO-lə-mah; also spelled ulema; Arabic: علماء, romanizedʿulamāʾ, lit.'the learned ones'; singular عالم, ʿālim; feminine singular عالمة, ʿālimah, plural عالمات, ʿālimāt) are scholars of Islamic doctrine and law. They are considered the guardians, transmitters, and interpreters of religious knowledge in Islam.

"Ulama" may refer broadly to the educated class of such religious scholars, including theologians, canon lawyers (muftis), judges (qadis), professors, and high state religious officials. Alternatively, "ulama" may refer specifically to those holding governmental positions in an Islamic state.

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Mufti in the context of Chechnya

Chechnya, officially the Chechen Republic, is a republic of Russia. It is situated in the North Caucasus of Eastern Europe, between the Caspian Sea and Black Sea. The republic forms a part of the North Caucasian Federal District, and shares land borders with Georgia to its south; with the Russian republics of Dagestan, Ingushetia, and North Ossetia–Alania to its east, north, and west; and with Stavropol Krai to its northwest.

After the dissolution of the Soviet Union in 1991, the Checheno-Ingush ASSR split into two parts: the Republic of Ingushetia and the Chechen Republic. The latter proclaimed the Chechen Republic of Ichkeria, which declared independence, while the former sided with Russia. Following the First Chechen War of 1994–1996 with Russia, Chechnya gained de facto independence as the Chechen Republic of Ichkeria, although de jure it remained a part of Russia. Russian federal control was restored in the Second Chechen War of 1999–2009, with Chechen politics being dominated by the former Ichkerian mufti Akhmad Kadyrov, and later his son Ramzan Kadyrov.

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Mufti in the context of 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.

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Mufti in the context of List of Sheikh-ul-Islams of the Ottoman Empire

Following the foundation of the Ottoman state, the title of Sheikh-ul-Islam (Turkish: Şeyhülislâm), formerly used in the Abbasid Caliphate, was given to a leader authorized to issue legal opinion or fatwa. His office was known as the Şeyhülislâm Kapısı, Bâb-ı Fetvâ, or Bâb-ı Meşîhat (The Sheikh's Porte). During the reign of Sultan Murad II, (1421–1444, 1446–1451) the position became an official title, with authority over other muftis in the Empire. In the late 16th century, the Shaykh al-Islam were assigned to appoint and dismiss supreme judges, high ranking college professors, and heads of Sufi orders. Prominent figures include Zenbilli Ali Cemali Efendi (1445–1526), Ibn-i Kemal (Kemalpaşazade) (1468–1533), Ebussuud Efendi (1491–1574) and al-Kawthari (1879–1952).

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