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A fatwā is a legal ruling on a point of Islamic law (sharia) given by a qualified 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 iftāʾ. Fatwas have played an important role throughout Islamic history, taking on new forms in the modern era.
Sharia is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Quran and the Hadith. In Arabic, the term sharīʿah refers to God's immutable divine law and this referencing is contrasted with fiqh, which refers to its interpretations by Islamic scholars. Fiqh, practical application side of sharia in a sense, was elaborated over the centuries by legal opinions issued by qualified jurists and sharia has never been the sole valid legal system in Islam historically; it has always been used alongside customary law from the beginning, and applied in courts by ruler-appointed judges, integrated with various economic, criminal and administrative laws issued by Muslim rulers.
The Hanafi school is the oldest of the four major Sunni Islamic schools of jurisprudence (fiqh). It was established by the 8th century Kufan scholar Abu Hanifa, a Tabi‘i whose legal views were preserved primarily by two of his disciples, Abu Yusuf and Muhammad al-Shaybani. It is considered one of the most widely accepted legal school of thought (maddhab) amongst Sunni Muslim community and is called the Madhhab of Jurists. Many Hanafi Muslims follow the Maturidi school of theology.
A madhhab, also spelled as mazhab, is a school of thought within fiqh.
Yusuf al-Qaradawi was an Egyptian Islamic scholar based in Doha, Qatar, and chairman of the International Union of Muslim Scholars. His influences included Ibn Taymiyya, Ibn Qayyim, Sayyid Rashid Rida, Hassan al-Banna, Abul Hasan Ali Hasani Nadwi, Abul A'la Maududi and Naeem Siddiqui. He was best known for his programme الشريعة والحياة, al-Sharīʿa wa al-Ḥayāh, broadcast on Al Jazeera, which had an estimated audience of 40–60 million worldwide. He was also known for IslamOnline, a website he helped to found in 1997 and for which he served as chief religious scholar.
A mufti 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 fatwas played an important role throughout Islamic history, taking on new roles in the modern era.
Takfir or takfīr is an Arabic and Islamic term which denotes excommunication from Islam of one Muslim by another, i.e. accusing another Muslim to be an apostate. The word is found neither in the Quran nor in the ḥadīth literature; instead, kufr ("unbelief") and kāfir ("unbeliever") and other terms employing the same triliteral root k-f-r appear. "The word takfīr was introduced in the post-Quranic period and was first done by the Khawarij", according to J. E. Campo. The act which precipitates takfīr is termed mukaffir. A Muslim who declares another Muslim to be an unbeliever or apostate is a takfīri ("excommunicational"). It is prohibited to do without court and 12 years of islamic studies. Since according to the traditional interpretations of Islamic law (sharīʿa) the punishment for apostasy is the death penalty, and potentially a cause of strife and violence within the Muslim community (Ummah), an ill-founded takfir accusation was a major forbidden act (haram) in Islamic jurisprudence, with one hadith declaring that one who wrongly declares a Muslim an unbeliever is himself not an apostate but rather committed minor shirk. In the history of Islam, a sect originating in the 7th century CE known as the Kharijites carried out takfīr against both Sunnī and Shīʿa Muslims, and became the main source of insurrection against the early caliphates for centuries. Traditionally, the only group authorized to declare another Muslim a kāfir are the scholars of Islam (Ulama), which affirm that all the prescribed legal precautions should be taken before declaring takfīr, and that those who profess the Islamic faith should be exempt.
The European Council for Fatwa and Research (ECFR) is a Dublin-based private foundation, founded in London on 29–30 March 1997 on the initiative of the Federation of Islamic Organizations in Europe. The council is a largely self-selected body, composed of Islamic clerics and scholars, presided over by Yusuf al-Qaradawi.
Hudud is an Arabic word meaning "borders, boundaries, limits". In the religion of Islam, it refers to punishments that under Islamic law (sharīʿah) are mandated and fixed by God as per Islam. These punishments were applied in pre-modern Islam, and their use in some modern states has been a source of controversy.
Apostasy in Islam is commonly defined as the abandonment of Islam by a Muslim, in thought, word, or through deed. It includes not only explicit renunciations of the Islamic faith by converting to another religion or abandoning religion, but also blasphemy or heresy by those who consider themselves Muslims, through any action or utterance which implies unbelief, including those who deny a "fundamental tenet or creed" of Islam,. An apostate from Islam is known as a murtadd (مرتدّ).
Muhammad Tahir-ul-Qadri is a Pakistani–Canadian Islamic scholar and former politician who founded Minhaj-ul-Quran International and Pakistan Awami Tehreek.
Ali Gomaa is an Egyptian Islamic scholar, jurist, and public figure who has taken a number of controversial political stances. He specializes in Islamic Legal Theory. He follows the Shafi`i school of Islamic jurisprudence and the Ash'ari school of tenets of faith. Gomaa is a Sufi. Gomaa is also a supporter of the 2013 Military Coup.
The Permanent Committee for Scholarly Research and Ifta is an Islamic organization in Saudi Arabia established by the King that issues rulings in Islamic jurisprudence (fiqh) and prepares research papers for the Council of Senior Scholars, which advises the king on religious matters. Its members are drawn from the Council of Senior Scholars, of which it is a committee, and consist of the most senior Sunni scholars of fiqh in Saudi Arabia, including the Grand Mufti of Saudi Arabia as its head. The issuance of fataawa in Saudi Arabia is limited to members of the Council of Senior Scholars and a few other clerics.
International Islamic Fiqh Academy is an international Islamic institution for the advanced study of Islamic jurisprudence and law based in Jeddah, Saudi Arabia. It was founded following a resolution by the Third Islamic Summit Conference of the Organization of Islamic Cooperation, held in Mecca, that called for the establishment of an Islamic Fiqh Academy. The International Islamic Fiqh Academy was established in June 1983 as a subsidiary organ of the Organization of Islamic Cooperation. It consists of 57 member states and representatives.
Egypt's Dar al-Ifta is an Egyptian Islamic advisory, justiciary and governmental body established as a centre for Islam and Islamic legal research in Egypt in 1313 AH / 1895 CE. It offers Muslims religious guidance and advice through the issuing of fatwas on everyday and contemporary issues.
The use of politically and religiously-motivated violence dates back to the early history of Islam. Islam has its origins in the behavior, sayings, and rulings of the Islamic prophet Muhammad, his companions, and the first caliphs in the 7th, 8th, and 9th centuries CE. Mainstream Islamic law stipulates detailed regulations for the use of violence, including corporal and capital punishment, as well as regulations on how, when, and whom to wage war against.
Bakr Abu Zayd from the tribe of Banu Zayd of Quda'a, was a Saudi Arabian Islamic scholar, a leading proponent of the Salafi form of Islam and a member of both the Saudi Council of Senior Scholars and the Permanent Committee for Islamic Research and Issuing Fatwas. He was a student of Muhammad Ash-Shanqeeti. From 1985 to 2008, he served as the President of the International Islamic Fiqh Academy.
Ahmad ibn Yahya al-Wansharisi was an Algerian Berber Muslim theologian and jurist of the Maliki school around the time of the fall of Granada. He was one of the leading authorities on the issues of Iberian Muslims living under Christian rule.
Deobandi fiqh is a school of Islamic jurisprudence that is based on the Hanafi school of Islamic law. It is associated with the Deobandi movement, which originated in India in the late 19th century and has since spread to other parts of the world, particularly in South Asia. Deobandi fiqh emphasizes a strict adherence to the Quran and the Sunnah, and seeks to ensure that all aspects of daily life are guided by Islamic law. It places a strong emphasis on the principles of fiqh, or Islamic jurisprudence, and is known for its strict interpretation of Islamic law. It also emphasizes the importance of Islamic ethics and morality, and emphasizes the need for Muslims to lead a pious and virtuous life. Deobandi fiqh has had a significant influence on Islamic education and scholarship, particularly in South Asia and among the global South Asian diaspora. It plays a foundational role in the judiciary of Afghanistan. It has also been associated with various Islamic political movements and has been a subject of controversy and debate within the Muslim community.
References
- ↑ Hendrickson, Jocelyn (2009). "Law. Minority Jurisprudence". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. Archived from the original on March 26, 2016.
- ↑ Dallal, Ahmad S.; Hendrickson, Jocelyn (2009). "Fatwā. Modern usage". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. Archived from the original on November 20, 2015.
- 1 2 "History of the Fiqh Council | Fiqh Council Of North America". www.fiqhcouncil.org. Retrieved 2016-02-10.
- ↑ Glaberson, William (October 21, 2001). "Interpreting Islamic Law for American Muslims". NYTimes.com. Retrieved April 14, 2010.
- ↑ Heard on All Things Considered (July 28, 2005). "U.S. Muslim Scholars Issue Edict Against Terrorism". NPR. Retrieved April 14, 2010.
- ↑ Muslims on the Americanization Path? Oxford University Press, 2000. p. 76
- ↑ "General Fiqh Issues Articles". Fiqhcouncil.org. June 14, 2008. Archived from the original on August 15, 2021. Retrieved April 14, 2010.
- ↑ "Is Apostasy a Capital Crime in Islam?". Fiqhcouncil.org. Archived from the original on March 22, 2017. Retrieved March 21, 2017.
- ↑ "About". Fiqh Council of North America. Retrieved 2023-08-11.