Fatwa

A fatwa is a nonbinding legal opinion within the Islamic legal tradition. The issuance of such legal opinions has its origins in the earliest Islamic period, as jurists among the Companions of the Prophet issued various fatwa to address numerous concerns following the death of the Prophet Muhammad. Fatwa are considered nonbinding because another scholar may come to a different conclusion about a subject, as there is often more than one possible interpretation of the source text.

The terms for independent reasoning (ijtihad) and juristic opinion (fatwa) are often used interchangeably; however, the critical difference between the two terms is that ijtihad has a greater degree of juridical substance and often requires an explanation of its reasoning and evidential basis, whereas a fatwa most often consists of a verdict or opinion that is given in response to a particular question. It is not necessary for a fatwa to provide an explanation of its evidential basis; thus, the text of a fatwa may either be very brief or include greater depth and detail.

Fatwa are often sought by individuals who need legal advice in the context of litigation. In such cases, the fatwa may be cursory and brief. When a fatwa addresses complex issues the jurists often feel the need to probe into the course evidence, in which case his finding may be equivalent to ijtihad. Neither the result of ijtihad nor the finding of a fatwa binds the person to whom it is addressed, unless it is issued by a formally constituted court, in which case the decision would carry a binding force.

Ijtihad may only be carried out by a highly qualified legal scholar (mujtahid), whereas a fatwa may be issued by a mujtahid or by a scholar of lesser knowledge, though basis in Hadith and narrators of traditions, of the hermeneutics of the Qur'an (tafsir), and of the customs and conditions of society must be taken into consideration by anyone issuing a fatwa. For instance, Fatwa issued by prominent scholars and jurists, include Rashid Rida, Abu Zahra (d. 1974), Mahmud Shalut (d. 1970), and the contemporary jurist of the alJazeera television network, Yusuf al-Qaradawi. In some cases, fatwa are issued by larger groups such as nongovernmental organizations. In the 1970s, Pakistan gave the process of collective issuance of fatwa a state mandate by forming the Islamic Ideology Council at the government's initiative. Malaysia's National Fatwa Council is a similar statutory body. The various states of Malaysia also maintain fatwa committees that aid the Muftis of each state in their deliberations.

Pragmatism

The creation of large fatwa councils and selfcontained Islamic universities also aided the development of new methods of teaching and scholarship in relation to legal opinions and reflect the pragmatism of defining Islamic law. Interpretations of Islamic law have frequently made concessions to the sick, the elderly, pregnant women, and travelers, as well as others who face hardship regarding daily prayers and fasting. It also makes provisions for emergencies, in which the rules of Shari‘a may be temporarily suspended on grounds of necessity. Thus, the fatwa of a mujtahid must take into consideration changes of time and circumstance. For instance, people were not allowed in the early days of Islam to charge a fee for teaching the Qur'an, as this was an act of spiritual merit. Later, it was noted that people no longer volunteered to teach, and knowledge of the Qur'an declined. The jurists consequently issued a verdict that reversed the former position and allowed payment of remuneration for the teaching of Qur'an. Note also the pragmatic verdict of Imam Malik of the 10th century, which permitted the pledging of allegiance (bay'a) for the lesser qualified of two candidates for leadership, if this is deemed to be in the public interest.

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