Importance of Context in Religious Fatwas

Rigid adherence to transmitted texts is misguided.

Al-Qarafi stated: “This principle should guide fatwas over time. Whatever becomes customary should be considered, and whatever falls out of use should be disregarded. Do not cling to what is written in books for your entire life. If someone from outside your region seeks your counsel, do not apply the customs of your land to them. Instead, inquire about their local customs and issue a fatwa based on that, rather than the customs of your own land or what is recorded in your books. This is the clear truth, and to persistently adhere to transmitted texts is to stray in religion and misunderstand the intentions of the scholars of Islam and the righteous predecessors.”

Ibn al-Qayyim relayed this and added: “This is pure jurisprudence. Whoever issues fatwas to people based solely on what is transmitted in books, without considering their diverse customs, traditions, times, places, circumstances, and contexts, has gone astray and led others astray. Their harm to religion is greater than that of a physician who treats all people, regardless of their lands, customs, times, and natures, with the same medical book. This ignorant physician and this ignorant mufti are the most harmful to people’s religions and bodies. And Allah is the one whose help is sought.”