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.