FATWAS AND MODERN ISLAMIC WORLD

By Asghar Ali Engineer

When the Qur’an was being revealed it was assumed that all Muslims will read Qur’an
to seek guidance for their problems and hence no class of priesthood was needed.
But when Islam spread far and wide and Muslims speaking different languages ent
ered the fold of Islam, particularly from Iran, Central Asia, India and China, t
hey could not do so as Qur’an was in Arabic and they did not know that language an
d hence they needed help of experts and Islamic scholars.
Thus they approached Islamic experts who came to be known as Ulama with their qu
estions and the Ulama would seek for answers from Qur’an and hadith with their own
interpretations and also in the light of their own cultural background. These a
nswers began to be compiled and the Ulama of later generations would refer to th
ese compilations to answer similar questions.
This is how the institution of fatwas came into existence. Thus fatwa (plural fa
tawa was the opinion given in the form of answer to a question or series of ques
tions by a layman. Though earlier Ulama were more creative and tried to exercise
their brain but later ones only followed their predecessor. The later generatio
ns of Ulama simply refereed to these texts evolved by their predecessors in answ
ering the questions.
They hardly bothered to apply their minds and not only that they simply referred
to the texts of the schools of law they belonged to i.e. Hanafi, Shafi’I, Maliki,
Hanbali or Ja’fari and so on. Such fatwas contributed to making the Islamic socie
ty stagnant and created difficulties in bringing about creative e and much neede
d social change. To this day the fatwas issued in medieval ages are referred to
answer modern day problems. For example in an answer to the question that if a
father jokingly says to father of a son that I give my daughter in nikah to your
son, will nikah take place? The answer given by Darul Ulum Deoband was yes, nik
ah shall take place (quoting (Durrul Mukhtar – Bab al-Nikah). This fatwa was issue
d in 20th century.
Thus one can understand what kind of fatwas is issued by such important centres
of learning. Here we want to discuss a fatwa recently issued by some Muftis of S
audi Arabia in view of rebellion taking place in the Arab world. These muftis ha
ve said that the rebellion is haram as it is taking place against a properly con
stituted authority and it is western conspiracy. Obviously, the rebellion is aga
inst the Saudi monarchy and hence the official muftis obliged the Saudi Monarch
without caring how ridiculous the fatwa is even from Islamic point of view.
Let us examine the content of this fatwa and its implications for the Arab world
. Before we proceed further it should be noted that throughout history of Islami
c regimes two types of Ulama were associated with them i.e. Ulam-i-su’ (false Ulam
a who issued fatwas to suit ruler’s interests) and Ulama-i-Haq i.e. true Ulama who
issued fatwas As per Islamic teachings without caring for the consequences like
Imam Abu Hanifa and others and even refused to assume the office of qazi for fe
ar of being compelled to issue such fatwas.
But Among Ulama-i-Haq also there were many who took very static view of society
and continued to issue fatwas as per earlier texts without taking in view change
s taking place around them. And as per Ulama-i-su’ there has been no dearth of suc
h Ulama. The Ulama of Saudi monarchy who issued the above fatwa cannot be Ulama-
i-Haq, in any case. They have just catered to the interests of monarchy.
Let us take into account the basic principles involved here and what Qur’an has to
say about it. No one would disagree that Qur’an stands for just rule and strongly
disapproves of oppression, exploitation and corruption. Also, Qur’an has made it
abundantly clear that its sympathies are with what it calls mustad’ifun (weaker se
ctions) and it denounces (mustakbirun (the powerful and the oppressors).
Thus we can easily conclude that Qur’an, in today’s terminology stands for just gove
rnance and opposes oppressors and corrupt rulers and if ruler is otherwise peopl
e have right to change it peacefully. Qur’an also opposes giving bribes (suhut) an
d prohibits it. What has happened in Morocco and Egypt and what is happening in
Bahrain, Yemen and Syria is a democratic process of peaceful opposition to corru
pt dictatorships.
The rulers in these countries have been self appointed dictators, monarchs and s
heikhs and what is worse they were utterly corrupt and ruthlessly suppressed any
peaceful opposition. Even the Messenger of Allah (PBUH) was asked to consult hi
s people in secular matters (shawirhum – i.e. consult them). When the Prophet of A
llah (PBUH) has been asked to consult people in secular matters who are these co
rrupt rulers to deny any democratic processes and ruthlessly suppress them, if t
hey demanded transparency and democracy in governance?
These Ulama can argue that in medieval ages many Ulama had opined that dictators
hip and oppressed ruler is preferable to anarchy. It is true but then this opini
on was expressed when there was always a danger of outsiders attacking and takin
g over. Here there is no such danger whatsoever at all. It is people of the coun
try themselves who are trying to overthrow corrupt rulers and replacing them wit
h just and democratic ones. Instead of anarchy it would result in better governa
nce Qur’an itself is asking for.
The Ulama need to free themselves from medieval text and adopt Qur’anic values and
learn more about changes taking place around them. Their fatwas will be more re
levant.
Noted Islamic scholar and social activist Asghar Ali Engineer heads the Mumbai-b
ased Institute of Islamic Studies and the Centre for the Study of Secularism and
Society.
URL: http://newageislam.com/NewAgeIslamIslamAndSpiritualism_1.aspx?ArticleID=460
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COMMENTS
5/12/2011 4:35:55 AM Aslam
what i have see from this disscusion, i took it at my angel that revolution can
be happened but the surrounding political situations should be kept in mind.
if this revolution happened in pakistan as per current situation then this fatwa
fit. i think no need to explain it.
let us talk to america, it is already have huge burden of loan in trillions. why
revolution does not takes place there. To deviate these things a rulers play ga
me with the muslim countries.
If no corruption, no harrasement at goevern lelvel only monarchy is there. keep
ing view this situation revolution is not permitted by at all.
5/11/2011 7:42:18 AM Mohammed Aslam
The process of issuing fatwa (religious edict) is not easy. It requires deep kno
wledge, not only of the Holy Qur an, tradition of prophet and the opinions expre
ssed by those who preceded the present generation, but a thourough comprehension
of the present day state of information and knowledge of various subjects that
may have bearing and significance on the particular issue in respect of which th
e fatwa is issued. It requires serious deliberation. Moreover, nothing should de
ter the Mufti except the wrath of Allah in coming at the right decision. Where d
o we have such scholars in Islamic Shariah? The rot is thus complete and a new b
eginning should initiate somewhere so that the beauty and simplicity of the Reli
gion of Islam is restored for the sake of humanity.
May Allah guide us in the right direction! Ameen!