There are in general two sequences of events. The first is where someone somewhere will ask a question of an Islamic scholar and the scholar’s answer will not fit the crowd’s perception of normal. The second is where some Muslim in a position imitating influence will say something that will not fit the crowd’s perception of normal. In both cases, what follows is a careless misuse of the word fatwa and a few random posts here and there clarifying what exactly constitutes one. Muslims across the world have gone hoarse condemning terrorism carried out in their name but no one listens to them; it, therefore, is little surprise that our explanation of fatwas in general and condemnation of silly ones goes unheard. This piece adds another to-be-forgotten voice to the entire discussion.

The Perception of a Fatwa

While fatwa has been around in the Islamic world since the start of the Islamic civilisation, it shot into the collective conscience of the world after Ayatollah Ruhollah Khomeini, the supreme leader of Iran, pronounced a sentence of death on Salman Rushdie for his book Satanic Verses. Since then, the word fatwa has been associated with a death sentence or a very severe sentence on someone for what will generally be considered a frivolous reason in the non-Muslim world. People associate persecution with a person against whom a fatwa is issued.

What a fatwa really is

Quite simply, it is just the Islamic opinion on a matter. You might have heard this. Most of my non-Muslim friends know this much but they fail to grasp what this really means. I will, therefore, use examples to help you understand the true magnitude of this.

Muslims should pray to God will be a fatwa. Muslims should pray to God five times a day is a fatwa.

Muslims cannot steal is a fatwa. Muslims cannot deceive by lying is a fatwa. Muslims should speak the truth is a fatwa.

There are special prayers every Friday is a fatwa. Muslims should face the Kaa’ba while praying is a fatwa. While in a travelling vehicle, they can pray while facing any direction is a fatwa. They should wash their hands and face before praying if water is available is fatwa.

They shouldn’t drink is a fatwa. The things we can eat is a fatwa. The things we cannot eat is a fatwa.

This is what a fatwa is and what its true magnitude encompasses. It covers every aspect of our life.

Why it is misunderstood

As explained, a fatwa is an Islamic opinion and hence it can sometimes be against the sensibilities of other people. There has been no dearth of fatwas that clearly seem to violate basic freedoms that non-Muslims and even Muslims take for granted. The best case in point will be the Rushdie fatwa itself. We are almost all used to the idea of freedom of speech and the very notion of someone getting a death penalty for saying something no matter how sacrilegious or blasphemous will be met with shock and disbelief. The media too has taken up the issue of a lot of such fatwas which belie common sensibilities and in a lot of cases, I believe it was not a case of bad or biased journalism. The effect of such reporting has been that the non-Muslim world has misunderstood a fatwa.

However, a fatwa can be against the sensibilities of Muslims too. A lot of Muslims would also disagree with such controversial fatwa. They would themselves find such fatwa revolting and would protest against them. It makes sense too; if a fatwa is issued stating that a woman who was raped by her father-in-law is no longer her husband’s wife, it is bound to cause consternation. However, it’s not only such controversial fatwas that are met with apprehension. We disagree on some very simple things like whether to keep our hands tied above the navel or below it while praying.

What is meant by an Islamic opinion

Islamic opinion is very diverse and it can differ on many aspects of Muslim life. First, let us understand who can have an opinion on Islamic matters. The answer is technically everyone. Anyone who reads Islamic texts will have some opinion based on it and will interpret some law from it. If I see that the Quran asks me to do charity, I will form an opinion – maybe that charity is mandatory in Islam. However, a layman who has only read the Quran will not know as much as someone who has read and understood other sources of Islam, and this will bring us to the second aspect of understanding Islamic opinion – its sources.

Islamic opinion has two major sources – the Quran and the Hadith. The Quran – Islam’s holy book – is the same for everyone. The Hadith – the sayings and actions of our Prophet sallallaahualaihiwasallam – however, are much debated with different schools of thought accepting some and rejecting the others as not being strong enough to be used while forming an opinion. Before this piece becomes a lecture in Islamic theology, I will stop. Suffice to say that there is a lot of debate about the primary sources themselves. People who have read and understood most of these primary sources and also secondary sources – the opinions of other scholars – are entitled to have Islamic opinions which will constitute a fatwa that would have some credibility. These scholars need to have studied under a guide who himself or herself has been a scholar. Such scholars are called Mufti and only they can pronounce an opinion which will be a fatwa.

Since there are so many different schools of thoughts arising out of the varied and debated sources, there is always disagreement with most fatwas. As more and more modern aspects enter our lives, new sources arise based on the understanding of these scholars which will see more disagreement. Each of these disagreed-upon verdicts will constitute a fatwa.

What is the legal status of a fatwa?

In India, nothing.

Even in Islamic countries, every fatwa will not have legal value. Most Islamic countries today will operate on the modern concepts of the judiciary. However, they might seek the opinion of Islamic scholars on many issues. Multiple scholars may give multiple answers and each of these is a fatwa; none of them has any legal value until it is accepted by a judge in a court. This was the case in earlier times too. There used to be a judge, a Qazi, for an area and he had to accept an opinion before implementing it. Some countries like Saudi Arabia have a fatwa council that constitutes a fatwa council which is like a committee that gets together and decides on issues before issuing a fatwa. This fatwa has a legal value because this council is appointed by the government.

In India, Muslims follow multiple schools of thought. It is possible for two scholars of the same thought to have different opinions on the same matter and hence give two separate fatwas. Both will have no legal value unless a court decides to implement one. Such a scenario is not possible in India because courts decide based on our constitution.

I have here tried to make the idea of a fatwa more accessible. I am pretty sure they will still be maligned and misunderstood but this is just a humble attempt to make people understand what a fatwa really is. I hope I see a time when people really do understand. Till then, live long and prosper.