Revitalizing Ifta: A Call for Reform in Fatwa Practices

Disclaimer: This article was translated by AI and may contain errors.

Please refer to the original text for accuracy.

📜 Dr. Mohammad Akram Nadwi
Bismillah Ar-Rahman Ar-Raheem

🌟 Reforming the Traditional Approach to Ifta
Key Points from the Lecture Delivered on October 26, 2024, in the Madrasa Discourses Program
Note: These points are derived from my book Al-Mu’tamad fi Usul al-Fatwa, so no specific references are provided here. For detailed discussion, please refer to the original book.

✍️ By: Dr. Mohammad Akram Nadwi
📍 Oxford

⏳ Time and Place
Time and place are powerful factors that affect every material and spiritual reality, and nothing, including religion, is exempt from this principle. Many of the meanings of religion have evolved due to changes in time and geography or political regions. It is the responsibility of the scholars of each era to purify religion from distortions, correct deficiencies, teach the middle path without excess or neglect, and strive to present religion in its original form.

⚖️ Fatwa
Fatwa is a crucial part of religion, and it too has been affected by external and internal factors. The following points will shed light on how to restore the status of this important institution.

📚 Depth and Comprehensiveness:
Fiqh is the understanding of the entirety of religion in the light of the Qur’an and Sunnah. It includes both principles and particulars, and it covers issues like faith, piety, honesty, modesty, asceticism, love for Allah and His Messenger, and the preference of the hereafter. However, over time, fiqh has been limited to particulars and external matters, leading to a focus on external forms of religion in society and the maintenance of religious identity. Meanwhile, the deeper issues of humility in prayer, peace in family life, and the calling of non-Muslims to Islam have been neglected.

Fatwa, which means giving a juristic opinion on a specific issue for a specific individual, has similarly shrunk in scope. If someone asks a mufti about divorce, the answer is often very straightforward: if a man pronounces three divorces, the woman becomes prohibited to him until she marries someone else, and the new husband divorces her. However, the impact of this divorce on the couple, their children, and the family is often ignored. The harmful implications of practices like Halala (interim marriage) are also overlooked.

🕋 Obedience to Allah and His Messenger:
Religion is about obeying Allah and His Messenger. Fatwa is meant to guide people towards obedience. However, since the 4th century Hijri, the focus on juristic schools has increased, and fatwas often reference schools of thought instead of directly referring to Allah and His Messenger. There is no doubt that the views of jurists are based on divine commands, but when the mention of Allah and His Messenger became unnecessary, obedience to them became secondary, and loyalty to schools became primary.

We must always keep it alive in our minds that within this religion, the Qur’an holds supremacy over all books, and the Prophet’s example holds supremacy over all individuals. This primacy is not shared by juristic or theological books, nor by the Imams of fiqh, theology, or Sufism, nor by any organization or ideology. Granting these entities authority has led to an intellectual, social, and cultural rigidity that has diminished the foundational status of the Qur’an and Sunnah.

🌍 Sources and References:
The decline of fatwa has also led to a disregard for primary sources. The distinction between primary and secondary sources has become blurred, and references to books of fiqh and fatwa have overshadowed the Qur’an and Hadith. If Hadith is referenced, there is often no distinction between authentic and inauthentic narrations. For example, people often cite secondary books like Mishkat al-Masabih without referring to the primary sources these books are derived from. It is a well-established principle that every claim must be supported by evidence, and the evidence must come from authentic sources. Secondary sources can be used for supporting arguments, but they should not be treated as the primary basis for a fatwa.

🛠 Ease and Facilitation:
One of the most important principles of fatwa is to make religion easy for people and present them with simple solutions. Ease is the spirit of this religion. Allah says in the Qur’an, “Allah intends for you ease and does not intend for you hardship” (Surah Al-Baqarah, 2:185), and “He has not placed upon you in the religion any difficulty” (Surah Al-Hajj, 22:78). There are many other verses in this regard, and the Prophet (peace be upon him) said, “Religion is easy” (Sahih al-Bukhari).

In today’s world, practicing religion has become difficult. Scholars should strive to find legitimate ease within the bounds of Sharia to help people adhere to Islam. Shaykh Yusuf al-Qaradawi often emphasized that anyone can declare something haram (forbidden), but the true jurist is the one who finds ease for people within the limits of Sharia. He also criticized the approach of some strict scholars who always give fatwas based on the strictest opinions, turning fiqh into a collection of “most cautious” (ahwat) rulings.

Some may object to this principle of facilitation, calling it a form of indulgence. However, this is a misunderstanding. Obeying Allah and seeking ease within His commands are not indulgence. If there are two forms of obedience to Allah, and one is easier, it should be chosen. For example, wiping over socks during wudu (ablution) is a legitimate ease within the Sharia. Therefore, facilitation is not indulgence, but rather a legitimate aspect of worship.

⚖️ Difference Between Fatwa and Judiciary:
Fatwa is merely legal advice, whereas judiciary (qada) involves binding decisions. The judiciary has the authority to enforce its rulings, while fatwa does not. In India, under British colonial rule, the Islamic judicial system was abolished, and fatwa began to fill the gap left by the absence of qada. However, this has led to confusion, as many muftis have overstepped their advisory role and become involved in judicial matters.

Many examples exist where questions regarding apostasy or accusations of disbelief are brought to muftis, who then issue rulings based on a one-sided narrative without hearing the accused’s defense. This has led to the unjust labeling of Muslims as apostates or heretics, even though the Prophet (peace be upon him) warned that calling a Muslim an apostate is a greater sin than killing him.

🧑‍🏫 Education and Explanation:
During the decline of Islamic scholarship, brevity in fatwa writing became a hallmark of fatwas, even though scholars have always maintained that fatwas should be detailed and well-reasoned. This allows the person receiving the fatwa to understand its wisdom and reasoning, making it easier to follow.

The Qur’an does not provide short, dry responses but offers detailed explanations that resonate with the heart, dispel doubts, and encourage people to follow its guidance with conviction. This is also the method of the Prophet (peace be upon him), and scholars like Shaykh al-Islam Ibn Taymiyyah, Shaykh Mustafa al-Zarqa, and Dr. Yusuf al-Qaradawi have followed this approach, which has proven effective in guiding people.

📖 Language and Style:
When experts in a particular field speak or write to each other, they often use technical terms. These terms have two major benefits: they provide concise expressions for complex ideas, and they allow for precise communication. However, when speaking to the general public, these technical terms should be avoided, or if necessary, they should be explained in simple language. For example, when writing about prayer, the importance and spiritual benefits of prayer should be emphasized, rather than simply stating “Prayer is obligatory.” Similarly, when discussing smoking, the harmful effects on the body and soul should be highlighted, rather than just declaring it “haram” or “makruh.” Most people will not stop smoking because of heavy-handed fatwas, but many have given it up due to the sincere advice of scholars and health experts.

💡 Conclusion:
The role of fatwa should be restored by returning to its roots in the Qur’an and Sunnah, offering ease within the bounds of Sharia, and maintaining the distinction between advisory and judicial roles. In addition, fatwas should be clear, detailed, and accessible to the public, avoiding excessive technical jargon to ensure that everyone understands the wisdom and guidance behind them.