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What is Fatwa?

Fatwa an Arabic word, meaning a verdict or judicial pronouncement on debatable questions of personal or social interest given by a mufti (juries consult). Fatwa becomes a necessity when an individual or a judge fails to solve a problem on the basis of Shariah drawn on the Holy Quran and other authentic texts on religious canons and practices.

From the earliest time of Islam, many Fatwas given by imams and muftis have been collected and these are now known as fiqah. When a mufti, in spite of his thorough knowledge of fiqah literature, fails to resolve the problem at issue, he will have recourse to historically developed methods in Islam such as qias or analogical deductions from Quranic teachings and Hadith, ijma, or the consensus of experts subject to the approval of the existing society, and ijtihad or personal judgement, when all existing laws fail. Decisions drawn on such basis are called fatwa, also known as mas'ala, although not all mas'alas are fatwa.

During the early period of Islam, law courts issued fatwas until the period of the Umayads and the Abbasides, when renowned and wise theologians took the lead. In modern times, certain Muslim states have formed fatwa committees consisting of established Islamic jurists. The experiences of fatwa committees of Egypt, Turkey, Pakistan, Indonesia, Malaysia, Morocco, Jordan, Sudan, Saudi Arabia and Arab Emirates reveal some characteristics of the practice of fatwa. Firstly, fatwas were given not by whims or caprices of individuals. Secondly, they were given only when they were sought for. Thirdly, fatwas were not inconsistent with the existing laws of countries. Fatwas were given only by an expert in Islamic lore.

There are many books on fatwa such as Fatwa Kajikhan, Fatwa Shami, and Fatwa Alamgiri.


Text Source: Banglapedia: National Encyclopedia of Bangladesh, by Md Mozaffor Hossain. [Information accessed from Banglapedia.search.com.bd on: 17th May, 2005]. Some spelling errors were updated.

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