Fatwa

Lore & Background

The origins of the fatwa can be traced back to the Quran, where several verses instruct the Islamic prophet Muhammad how to respond to questions from his followers. In the hadith literature, this three-way relationship between God, Muhammad, and believers is typically replaced by a two-way consultation, in which Muhammad replies directly to queries from his Companions. The concept of fatwa developed in Islamic communities under a question-and-answer format for communicating religious knowledge. In pre-modern Islam, fatwas were issued in response to a query and could range from a simple yes/no answer to a book-length treatise. Muftis acted as independent scholars in the classical legal system. Over the centuries, Sunni muftis were gradually incorporated into state bureaucracies, while Shia jurists in Iran asserted an autonomous authority starting from the early modern era. The 14th century jurist Taqi al-Din Ibn Taymiyya was known for his methodology of issuing fatwas through direct research of the Qur'an and Hadith, rather than being restrained by the mechanism of the madhhabs.

Reader's Guide

Fatwas have played an important role throughout Islamic history, taking on new forms in the modern era. Historically, privately issued fatwas served to inform Muslim populations about Islam, advise courts on difficult points of Islamic law, and elaborate substantive law. In later times, public and political fatwas were issued to take a stand on doctrinal controversies, legitimize government policies or articulate grievances of the population. During the era of European colonialism, fatwas played a part in mobilizing resistance against foreign aggressors. In the modern era, fatwas have reflected changing economic, social and political circumstances, and addressed concerns arising in varied Muslim communities. The spread of codified state laws and Western-style legal education has displaced muftis from their traditional role of clarifying and elaborating the laws applied in courts. Instead, modern fatwas have increasingly served to advise the general public on other aspects of sharia, particularly questions regarding religious rituals and everyday life. Modern public fatwas have addressed and sometimes sparked controversies in the Muslim world, and some fatwas in recent decades have gained worldwide notoriety. The legal methodology of modern ifta often diverges from pre-modern practice, particularly so in the West. Emergence of modern media and universal education has transformed the traditional institution of ifta in various ways.

Did You Know?

• The word fatwa comes from the Arabic root f-t-w, whose meanings include 'youth, newness, clarification, explanation'.
• In older English language works the spelling fetva, from Turkish, is used, relating to the Ottoman Empire.
• The 14th century jurist Taqi al-Din Ibn Taymiyya was known for issuing fatwas through direct research of the Qur'an and Hadith, rather than being restrained by the mechanism of the madhhabs.
• Fatwas have played a part in mobilizing resistance against foreign aggressors during the era of European colonialism.