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A fatwa 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.
Sharia,Sharī'ah, Shari'a, Shariah or Syariah is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Qur'an and hadith. In Arabic, the term sharīʿah refers to Allah's immutable divine law and this is contrasted with fiqh, which refers to its interpretations by Islamic scholars. Fiqh, in a sense the practical application side of sharia, was manipulated over the centuries by illegal 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 Deobandi movement or Deobandism is a revivalist movement within Sunni Islam that adheres to the Hanafi school of law. It was formed in the late 19th century around the Darul Uloom Madrassa in Deoband, India, from which the name derives, by Muhammad Qasim Nanautavi, Rashid Ahmad Gangohi, Ashraf Ali Thanwi and Khalil Ahmad Saharanpuri after the Indian Rebellion of 1857–58. They opposed influence of non-Muslim cultures on the Muslims living in South Asia. The movement pioneered education in religious sciences through the Dars-i-Nizami associated with the Lucknow-based ulama of Firangi Mahal with the goal of preserving traditional Islamic teachings from the influx of modernist, secular ideas during British colonial rule. The Deobandi movement's Indian clerical wing, Jamiat Ulema-e-Hind, was founded in 1919 and played a major role in the Indian independence movement through its participation in the Pan-Islamist Khilafat movement and propagation of the doctrine of composite nationalism.
The Hanafi school or Hanafism is one of the four major schools of Islamic jurisprudence within Sunni Islam. It was established by the 8th-century scholar, jurist, and theologian Abu Hanifa, a follower whose legal views were primarily preserved by his two disciples Abu Yusuf and Muhammad al-Shaybani. As the oldest and most-followed of the four major Sunni schools, it is also called the "school of the people of opinion". Many Hanafis also follow the Maturidi school of theology.
A madhhab refers to any school of thought within Islamic jurisprudence. The major Sunni madhāhib are Hanafi, Maliki, Shafi'i and Hanbali. They emerged in the ninth and tenth centuries CE and by the twelfth century almost all jurists aligned themselves with a particular madhab. 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 Zaidi madhhabs amongst Isma'ilis and Zaidis 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 Darul Uloom Deoband is an Islamic seminary in India at which the Sunni Deobandi Islamic movement began. Uttar Pradesh-based Darul Uloom is one of the most important Islamic seminaries in India and the largest in the world. It is located in Deoband, a town in Saharanpur district, Uttar Pradesh. The seminary was established by Muhammad Qasim Nanautavi, Fazlur Rahman Usmani, Sayyid Muhammad Abid and others in 1866. Mahmud Deobandi was the first teacher and Mahmud Hasan Deobandi was the first student.
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 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 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 believed to be mandated and fixed by God, i.e. prescribed punishments, as opposed to Ta'zeer. 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.
Ahkam is an Islamic term with several meanings. In the Quran, the word hukm is variously used to mean arbitration, judgement, authority, or God's will. In the early Islamic period, the Kharijites gave it political connotations by declaring that they accept only the hukm of God. The word acquired new meanings in the course of Islamic history, being used to refer to worldly executive power or to a court decision.
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.
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". The New York Times . 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.