The Princeton Encyclopedia of Islamic Political Thought

fatwa

A fatwa (fatwā, pl. fatāwā) is a nonbinding legal opinion issued by a qualified Islamic scholar in response to a question posed by an individual, judge, or government. The Arabic root f-t-y appears in two of several Qur’anic verses that instruct the Prophet Muhammad in answering the early Muslims’ questions (Q. 4:127 and 4:176). Following his death in 632, many of Muhammad’s Companions acted as the first muftis (jurists who issue fatwas), basing their legal opinions on their knowledge of the Qur’an and of Muhammad’s exemplary practices and guidance. From the first Islamic century to the present, the issuing of fatwas (iftā’) has been a central Islamic institution providing believers with legal and moral advice and contributing to the ongoing development of Islamic law.

Process, Form, and Function

The work of a mufti is distinct from that of a judge (qadi). Whereas a judge faces rival claimants, evaluates evidence, and reaches an enforceable decision, a mufti issues an advisory opinion on the basis of the information provided to him by a petitioner (mustaftī). In addition to those areas of law governed by the courts, the mufti must be prepared to answer queries regarding ritual practices, ethics, and religious tenets. Muftis may dispense fatwas privately or in the service of a court or government. In Muslim Spain, judges were required to solicit fatwas from court muftis; judges have also sought muftis’ assistance with difficult cases or support for controversial judgments. Unlike most court decisions, the fatwas of prominent muftis have been preserved in collections as valuable precedents and for training new jurists. Although the need for judges trained in Islamic law has declined since the institution of secular courts in most modern Muslim states, the practice of iftā’ has continued to thrive. This is especially true for questions related to ritual practice and worship and to Muslim life in majority non-Muslim countries.

Private muftis derive their legitimacy from public and peer recognition of their scholarly expertise, upright character, and sound judgment. Muftis may be women, but in practice, they have primarily been men who have achieved the necessary competence to issue fatwas after a lengthy period of formal instruction in the religious and linguistic sciences. Initially, muftis were expected to be mujtahids, those jurists capable of independently deriving a legal rule from the Qur’an and the sunna (normative example) of Muhammad. By the tenth century, most muftis practiced taqlīd (emulation) rather than ijtihād (independent reasoning) by affiliating with the interpretive tradition of one school of law (madhhab) and relying on opinions established by that school’s earlier authorities. Theoretical treatises on iftā’ rank muftis according to their level of expertise and assign them a corresponding degree of interpretive license; mujtahids may respond to new and difficult issues, whereas lesser jurists may only apply existing school doctrines.

Most Sunni legal theorists allow the questioner (mustaftī) to approach more than one mufti with the same question, which must address a real rather than hypothetical situation. Adherents of the dominant Twelver branch of Shi‘i Islam have in modern times been expected to designate one high-ranking mujtahid as their marja‘ al-taqlīd, or “source of emulation” in religious affairs. Unlike the fatwas of other jurists, those of a marja‘ are binding for his followers.

Fatwas may be written or oral and range from a simple “yes” or “no” to a lengthy treatise. A shorter, “minor” fatwa might communicate a well-established legal rule to a nonspecialist, while a “major” fatwa might detail the mufti’s reasoning in deriving a new rule for an unprecedented case. Major fatwas are generally directed to educated audiences and are more likely to be preserved.

Political Fatwas

A political fatwa is one that either is issued by an official mufti or is political in content. Although less numerous than private and judicial fatwas, political fatwas have served as powerful instruments of religious legitimation, political criticism, doctrinal disputation, and popular mobilization.

Muftis operated independently prior to their gradual incorporation into government administration, first as advisors to the early caliphs and later as high-ranking officials, such as the Ottoman shaykh al-Islam, the Persian and Mughal Sadr, and the grand mufti of several modern states. Although state muftis have often been expected to legitimate governmental policies, they have also wielded considerable influence of their own. Ottoman sultans regularly sought the chief mufti’s sanction for administrative and military initiatives, including justifications for jihad against Muslim states in Mamluk Egypt and Safavid Iran. Conversely, several Ottoman and Moroccan sultans were deposed by fatwas. Contemporary state muftis and fatwa-issuing institutions respond to government and private requests, ruling on such issues as regional conflicts, interest banking, and medical ethics. In the process, they help define a national Islamic identity.

Muftis have also used fatwas to dispute doctrinal points or identify individuals and groups for inclusion or exclusion from the Muslim community. Takfīr, or declaring Muslims to be unbelievers, has often been accomplished through fatwas, as have accusations of apostasy and blasphemy. In 1989, Iran’s supreme leader Ayatollah Khomeini (1902–89) issued a statement calling for the execution of author Salman Rushdie for insulting Islam in his novel The Satanic Verses. Although not strictly a fatwa, this death sentence was quickly treated as such, gaining heightened prominence because of Khomeini’s status as the head of state and a marja‘ al-taqlīd. The prevalent use of takfīr by militant Islamist groups to justify jihad against nominally Muslim rulers led to a unique form of counter-fatwa, the Amman Message, in 2005. Signed in Jordan by nearly 200 high-level jurists, the statement recognizes eight legitimate schools of Islamic law and prohibits declarations of apostasy within these schools. In reaction to the issuance of fatwas by militants lacking the requisite professional qualifications, the Message also restricts iftā’ to properly trained jurists.

Osama bin Laden’s coauthored 1998 fatwa calling on all Muslims to wage jihad against Americans is a prominent example of this trend, as Bin Laden is widely considered unqualified for either iftā’ or declarations of war. Yet the fatwa garnered support, thus additionally exemplifying the use of fatwas for popular political mobilization. Colonial resistance movements in British India and French Algeria also included fatwas calling on Muslims to emigrate from foreign-occupied territory. In each case, rival interests secured fatwas urging accommodation rather than emigration.

The spread of new media technologies has placed more fatwas in the realm of public discourse. By the close of the 20th century, fatwas had become readily accessible through journals, radio and television programs, and Internet sites. Controversial fatwas are often circulated and debated by both specialists and lay Muslims worldwide.