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Resembling jus respondendi in Roman law and rabbinic responsa , privately issued fatwas historically served to inform Muslim populations about Islam, advise courts on difficult points of Islamic law, and elaborate substantive law. Muftis acted as independent scholars in the classical legal system. In the modern era, fatwas have reflected changing economic, social and political circumstances, and addressed concerns arising in varied Muslim communities. The word fatwa comes from the Arabic root f-t-y , whose meanings include 'youth, newness, clarification, explanation'. A jurist issuing fatwas is called a mufti.
A jurist issuing fatwas is called a mufti.
The person who asks for a fatwa is known as mustafti. In older English language works the spelling fetvafrom Turkish, is used, relating to the Ottoman Empire.
The origins of the fatwa can be traced back to the Quran. On a number of occasions, the Quranic text instructs the Islamic prophet Muhammad how to respond to questions from his followers regarding religious and social practices. Several of these verses begin with the phrase "When they ask you concerning 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 sahaba.
According to Islamic doctrine, with Muhammad's death inGod ceased to communicate with mankind through revelation and prophets. At that point, the rapidly expanding Muslim community turned to Muhammad's Companions, as the most authoritative voices among them, for religious guidance, and some of them are reported to have issued pronouncements on a wide range of subjects. The generation of Companions was in turn replaced in that role by the generation of Successors tabi'un.
Fatwas are issued in response to a query. Since a mufti was not supposed to inquire into the situation beyond the information included in the query, queries regarding contentious matters were often carefully constructed to elicit the desired response. In theory, if the query was unclear or not sufficiently detailed for a ruling, the mufti was supposed to state these caveats in their response.
Fatwas were solicited by men and women from all social classes. A mufti could be an obscure scholar, who occasionally replied to queries from people in his neighborhood, or, at the other extreme, a famous jurist or a powerful state official. The level of technical detail supplied in a fatwa, such as citations of sources or specification of legal methodologies employed, depended on the technical level of the petitioner. Some petitioners could choose among several local muftis, while others had to or chose to travel to receive a fatwa.
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In theory, a mufti was expected to issue fatwas free of charge. In practice, muftis commonly received support from the public treasury, public endowments or private donations. Taking of bribes was forbidden. These were generally lower- and middle-class professions such as tanning, manuscript copying or small trade.
In theory, fatwas could be delivered orally or in writing, but it is not clear how common oral fatwas were, aside from those issued by an Ottoman office established specifically for the purpose of issuing oral fatwas. Many routine, written fatwas were delivered directly to the petitioner on the piece of paper containing the query, leaving no documentary trace. However, large collections of ordinary fatwas are preserved in Ottoman and Indian archives.
Fatwa definition is - a legal opinion or decree handed down by an Islamic religious leader. Dating Fatwa Meaning, fish online dating site, why are moms better than dads yahoo dating, bang with friends dating site/ The most infamous fatwa is the one by Ruhollah Khomeini sentencing Salman Rushdie (Muslim essayist) to death - that's why most Western people see fatwa just as a .
Nonetheless, fatwas took on a variety of forms depending on the local legal culture. The classical institution of fatwa is similar to jus respondendi in Roman law and the responsa in Jewish law. Before the rise of modern education, the study of law was a centerpiece of advanced education in the Islamic world. A relatively small class of legal scholars controlled the interpretation of sharia on a wide range of questions essential to the society, ranging from ritual to finance.
It was considered a requirement for qualified jurists to communicate their knowledge through teaching or issuing fatwas. The ideal mufti was conceived as an individual of scholarly accomplishments and exemplary morals, and muftis were generally approached with the respect and deference corresponding to these expectations.
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Judges generally sought an opinion from a mufti with higher scholarly authority than themselves for difficult cases or potentially controversial verdicts. If a party in a dispute was not able to obtain a fatwa supporting their position, they would be unlikely to pursue their case in court, opting for informal mediation instead, or abandoning their claim altogether. Author-jurists collected fatwas by muftis of high scholarly reputation and abstracted them into concise formulations of legal norms that could be used by judges, giving a summary of jurisprudence for a particular madhhab legal school.
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During the early centuries of Islam, the roles of mufti, author-jurist and judge were not mutually exclusive. A jurist could lead a teaching circle, conduct a fatwa session, and adjudicate court cases in a single day, devoting his night hours to writing a legal treatise.
Those who were able to act in all four capacities were regarded as the most accomplished jurists. From the standpoint of morality and religious obligation, the term fatwa has been contrasted with taqwa piety, fear of Go particularly in Sufi literature.
Fatwas may allow a choice between lenient and strict interpretation of sharia on a certain matter, or they may employ legalistic stratagems hiyal to circumvent a stricter interpretation, while such strategies may not be acceptable from the standpoint of taqwa.
The basic prerequisite for issuing fatwas under the classical legal theory was religious knowledge and piety. According to the adab al-mufti manuals, a mufti must be an adult, Muslim, trusted and reliable, of good character and sound mind, an alert and rigorous thinker, trained as a jurist, and not a sinner. According to legal theory, it was up to each mufti to decide when he was ready to practice.
In practice, an aspiring jurist would normally study for several years with one or several recognized scholars, following a curriculum that included Arabic grammar, hadith, law and other religious sciences. The teacher would decide when the student was ready to issue fatwas by giving him a certificate ijaza.
During the first centuries of Islam, it was assumed that a mufti was a mujtahi i.
Starting from around CE, legal theorists began to accept that muftis of their time may not possess the knowledge and legal skill to perform this activity. In addition, it was felt that the major question of jurisprudence had already been addressed by master jurists of earlier times, so that later muftis only had to follow the legal opinions established within their legal school taqlid. At that point, the notions of mufti and mujtahid became distinguished, and legal theorists classified jurists into three or more levels of competence.
Among Twelver Shiathe Akhbari school of jurisprudence, which was predominant for a time during the early modern era, hold a different view on ifta from the currently predominant Usuli school. According to the Usulis, fatwas can be based on valid conjecture zann arrived through ijtiha and every Muslim who is not qualified to be a mujtahid should become a follower muqallid of a mujtahid.
Unlike the post of qadiwhich is reserved for men in the classical sharia system, fatwas could be issued by qualified women as well as men. The mufti and the judge play different roles in the classical sharia system, with corresponding differences between a fatwa and a qada court decision :. Before the 11th century CE, anyone who possessed scholarly recognition as an Islamic jurist could issue fatwas.
Starting around that time, however, the public office of mufti began to appear alongside the private issuing of fatwas. In Khurasanthe rulers appointed a head of the local ulama, called shaykh al-Islamwho also functioned as the chief mufti. The Mamluks appointed four muftis, one for each of the four Sunni madhhabs, to appellate courts in provincial capitals.
The Ottomans organized muftis into a hierarchical bureaucracy with a chief mufti of the empire called shaykh al-islam at the top.
The Ottoman shaykh al-Islam Turk. For the first few centuries of Islam, muftis were educated in informal study circles, but beginning in the 11th and 12th centuries, the ruling elites began to establish institutions of higher religious learning known as madrasas in an effort to secure support and cooperation of the ulema religious scholars. Madrasas, which were primarily devoted to the study of law, soon multiplied throughout the Islamic world, helping to spread Islamic learning beyond urban centers and to unite diverse Islamic communities in a shared cultural project.
In some states, such as Muslim Spain, muftis were assigned to courts in advisory roles. In Muslim Spain jurists also sat on a shura council advising the ruler.
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