Critical Analysis: Islamic Legal Interpretation, Muftis and Their Fatwas by Sehrish Saba, Nusrat Azeema (the read aloud family .txt) 📖

Operation Desert Storm and the War of Fatwas

 

Operation Desert Storm and the War of Fatwas is the topic of this chapter. The topic discussed under the chapter is different fatwas issued on the Gulf crisis either to favor or disfavor the introduction of American troops into the Arabian Peninsula on the occasion of Iraqi invasion of Kuwait 1990. These fatwas were to address the query that to seek help from non-Muslims and to form a coalition with non- Muslims against other Muslims is legitimate in Islam or not. 

The writer mentioned various fatwas issued to favor and disfavor the situation but focused on the detailed and comprehensive fifty- page fatwa of the mufti of the Arab Republic of Egypt, Muhammad Sayyed Tantawi, according to whom there is no room for nation to coexist; their role is to compete for righteousness rather than domination, and to struggle to realize peace, security and the common good. 

Media Muftis: Radio Fatwas in Yemen

 

The last chapter is about Media Muftis: Radio Fatwas in Yemen. The writer after analyzing and elaborating the position of the conventional muftis and fatwa giving compared the method of those with the fatwas prepared to be broadcasted on the Yemeni national radio.  The writer, by illustrating the fatwas broadcasted on radio, very carefully presented and elaborated the differences between the two methods of fatwa giving.

The writer concluded upon this new activity that these are broadcasted for mass audience. The voice is no longer that of the mufti himself but that of a professional broad caster. The new technology has removed the fatwa from the nexus of immediate human contact. The personal matter has become public here, in much the same way that it has in the western media.

CONCLUSION

 

The book is an incredible approach to explain the institution of fatwa and its use in Islamic societies to expand justice and to redress the grievances in shortest possible time same as now west is exploring for methods of alternate dispute resolution to have not only expeditious but inexpensive, and just decisions to be within the reach of all and for all.    

 

The book very brilliantly explored the history, development and gradual changes in the institution of ifta. The book introduces the initial form of fatwa as an expert legal opinion practiced to settle the complex disputes for which qadi approached the mufti for his expert opinion. Despite the non- binding and advisory nature of the opinions given in fatwas great sanctity and sacredness was attached to it.  Gradually institution of ifta’ has been politicized and socialized when topics like gulf crises, banking operations, postmortem etc started to be sought in fatwas.

 

The book is compiled in such an enchanted manner that the reader swims with its flow in a very calm, enjoyable and beneficial manner. It took the reader in its magnetism and introduces him gradually with history and chronological position of this institution then left him on the edge of rejuvenation, by giving him chance to know media muftis or the fatwa giving with the use of technology. Similarly, the book remained successful in drawing the attention of the reader to chose this method of ifta’ as a method of alternate dispute resolution (ADR) for which west is striving hard today.

 

It can be said without any doubt that the book is found as only profound effort on the subject which is of historical nature and despite its giving the glaring concepts on such a complex topic, to some extent it failed to introduce practical and practicable approach that can be utilized in today’s epoch.  The book remained unsuccessful in providing its dimensions, jurisdictions and interaction with the existing legal systems of Muslims and non- Muslim societies prevailing around the world.

 

The book is master piece and valuable effort by the contributors around the world on such an affluent topic but its productivity would only herald a new premise when the Islamic states would, not only promote this institution but also utilize it as an effective method of alternate dispute resolution (the slogan of west). In this conspectus, it is now incumbent upon the Islamic states to renovate this institution of ifta’ and to advance its practicability before the west.   

 

Glossary

 

Adl                 A person of good character and integrity who qualifies to serve as a witness in court Dhimmi            Islam allows the marriage of a Muslim man and a free Jewish or Christian woman, such a woman is called   dhimmi women Fatwas             A fatwa is an Islamic religious ruling, a scholarly opinion on a matter of Islamic law. Fuqaha             Jurists, experts in Islamic law (fiqh) Futya               Legal consultation; fatwa Fiqh                 Legal doctrine(s), substantive law Fasad               Corruption, deleterious consequences Hadith               Narrative reports idda’                 Period of sexual abstinence, waiting period for a woman after divorce or the death of her husband. Ifta’                  An act of issuing fatwa. Istifta                A request for a fatwa, the question itself Ijtihad                Independent reasoning; authentic scholarly endeavor Muqallid             Practitioner of taqlid; a person who follows school doctrine because he is not qualified to engage in deductive    and analogical reasoning. Maslaha            Benefit, common good, public welfare Mujtahid           A scholar who is qualified to exercise independent reasoning (ijtihad) Mustafi            Inquirer / a person who requests a legal opinion Mut’a              Temporary marriage Qadi               Judge Qada             The issuing of a judgment, the act of judging Shariah          Islamic law Sunnah           Exemplary behavior of the Prophet Muhammad (s.a.w) as presented                      in hadith Taqlid              Following the opinion of another within a madhhab, or school of law. Twalij           Financial transactions parents and children designed to circumvent the Islamic inheritance law Talaq            Divorce by repudiation Ulama            Scholars Usuli’s            A Shi’a school of law in which the mujtahid serves as a guide for the community Imprint

Text: Sehrish Saba
Images: Sehrish Saba
Editing: Nusrat Azeema
Layout: Nusrat Azeema
Publication Date: 07-19-2020

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