Editing Fatwa (section)

==In the modern era==

===Anti-colonial fatwas===

[[File:Tobacco Protest Fatwa issued by Mirza Mohammed Hassan Husseini Shirazi - 1890.jpg|thumbnail|upright=0.8|[[Tobacco protest]] fatwa issued by [[Mirza Shirazi]]]]

Early in the era of [[Western European colonialism and colonization|Western colonialism]], several fatwas were issued drawing on the [[Divisions of the world in Islam|classical legal distinction]] between lands under Islamic rule (''dar al-Islam'') and lands of war (''dar al-harb'') or unbelief (''dar al-kufr''). These fatwas classified countries under European domination as lands of war or unbelief and invoked the legal theory obliging Muslims to wage war against the rulers of these lands or emigrate. A number of such fatwas were issued during the 19th century, including in 1803 by [[Shah Abdul Aziz]] in India and in 1804 by [[Usman dan Fodio]] in West Africa. The unrealistic nature of these fatwas was soon recognized and in 1870 the ''ulama'' of northern India issued fatwas stating that Indian Muslims were not obliged to rebel or emigrate. A similar doctrinal controversy occurred in French-ruled Algeria. The fatwas solicited by the Algerian anti-colonial leader [[Emir Abdelkader|Abd al-Qadir]] differed in their technical detail, while the French authorities obtained fatwas from local muftis, stating that Muslims living under the rule of unbelievers were not obligated to fight or emigrate as long as they were granted religious freedom by the authorities.{{sfn|Dallal|Hendrickson|2009}}

On many other occasions, fatwas served as an effective tool for influencing the political process. For example, in 1904 a fatwa by Moroccan ulema achieved the dismissal of European experts hired by the Moroccan government, while in 1907 another Moroccan fatwa succeeded in deposing the sultan on accusation that he failed to mount a defense against French aggression. The 1891 [[tobacco protest]] fatwa by the Iranian ''mujtahid'' [[Mirza Shirazi]], which prohibited smoking as long as the British tobacco monopoly was in effect, also achieved its goals.{{sfn|Dallal|Hendrickson|2009}}

===Modern institutions===

Under European colonial rule, the institution of ''dar al-ifta'' was established in a number of madrasas (law colleges) as a centralized place for issuing of fatwas, and these organizations to a considerable extent replaced independent muftis as religious guides for the general population.{{sfn|Messick|Kéchichian|2009}} Following independence, most Muslim states established national organizations devoted to issuing fatwas. One example is the [[Dar al-Ifta al-Misriyyah|Egyptian Dar al-Ifta]], founded in 1895, which has served to articulate a national vision of Islam through fatwas issued in response to government and private queries.{{sfn|Dallal|Hendrickson|2009}} National governments in Muslim-majority countries also instituted councils of senior religious scholars to advise the government on religious matters and issue fatwas. These councils generally form part of the ministry for religious affairs, rather than the justice department, which may have a more assertive attitude toward the executive branch.{{sfn|Masud|Kéchichian|2009}}

While chief muftis of earlier times oversaw a hierarchy of muftis and judges applying traditional jurisprudence, most modern states have adopted European-influenced legal codes and no longer employ traditional judicial procedures or traditionally trained judges. State muftis generally promote a vision of Islam that is compatible with state law of their country.{{sfn|Dallal|Hendrickson|2009}}

Although some early theorists argued that muftis should not respond to questions on certain subjects, such as theology, muftis have in practice handled queries relating to a wide range of subjects. This trend continued in modern times, and contemporary state-appointed muftis and institutions for ''ifta'' respond to government and private queries on varied issues, including political conflicts, Islamic finance, and medical ethics, contributing to shaping a national Islamic identity.{{sfn|Hendrickson|2013}}

There exists no international Islamic authority to settle differences in interpretation of Islamic law. An [[International Islamic Fiqh Academy, Jeddah|International Islamic Fiqh Academy]] was created by the [[Organisation of Islamic Cooperation]], but its legal opinions are not binding.{{sfn|Masud|Kéchichian|2009}}

===Legal methodology===

Modern fatwas have been marked by an increased reliance on the process of ''ijtihad'', i.e. deriving legal rulings based on an independent analysis rather than conformity with the opinions of earlier legal authorities (''taqlid'').{{sfn|Berger|2014}} While in the past muftis were associated with a particular school of law (''madhhab''), in the 20th century many muftis began to assert their independence from traditional schools of jurisprudence.{{sfn|Messick|Kéchichian|2009}}

The most notorious result of disregarding classical jurisprudence are the fatwas of [[Islamic extremism|militant extremists]] who have interpreted the Quran and hadith as supporting suicide bombings, indiscriminate killing of bystanders, and declaration of self-professed Muslims as unbelievers (''takfir'').{{sfn|Berger|2014}}

New forms of ijtihad have also given rise to fatwas that support such notions as gender equality and banking interest, which are at variance with classical jurisprudence. This is commonly accomplished by application of various traditional legal doctrines such as the ''[[maqasid]]'' (objectives) of sharia, ''[[maslaha]]'' (public interest) and ''darura'' (necessity), in place of adhering to the letter of scriptural sources. The main argument for this approach is that Islamic law is meant to serve the interest of Muslims and make their lives easier (''taysīr''). This form of ijtihad is particularly prominent in ''[[fiqh al-aqallīyāt]]'' (minority jurisprudence), a recently developed branch of Islamic jurisprudence that aims to address the needs of Muslims living in countries with a non-Muslim majority. Its opponents object that sharia is supposed to determine the interests of Muslims, and not the other way around.{{sfn|Berger|2014}}

===Political fatwas and controversies===

[[File:La_déclaration_de_la_Guerre_Sainte_à_Konstantinyé_en_novembre_1914-_Photo.jpg|thumbnail|upright=1.2|Fatwa supporting the Ottoman proclamation of jihad in 1914, read by the Custodian Of The Fatwa (''Fetva Emini''){{sfn|Zürcher|2016|p=56}}]]

On November 14, 1914, the Ottoman sultan proclaimed a jihad to mark the official entry of the Ottoman Empire into [[World War I]]. The proclamation was supported by a fatwa issued by the Shaykh al-Islam. Contrary to the German hopes that the proclamation would trigger Muslim revolts in British and French colonies, it was either rejected or quietly ignored by their Muslim authorities. It also quickly gave rise to a heated academic debate in Europe. The controversy was sparked by a 1915 article by the prominent Dutch orientalist [[C. Snouck Hurgronje]], titled ''Heilige Oorlog [Holy War] Made in Germany''. In it Hurgronje denounced his German colleagues, who he felt instigated the jihad proclamation in an irresponsible appeal to an antiquated concept that threatened the project of modernizing the Muslim world. The article was widely circulated in an English translation and its accuracy continues to be debated by historians, who acknowledge both the German influence and the internal political calculations of the Ottoman government underlying the proclamation.{{sfn|Zürcher|2016|pp=14–18}}

Several boycott fatwas were issued in modern times, such as the one issued by Iraqi ulema in 1933, calling on Muslims to boycott Zionist products.{{sfn|Dallal|Hendrickson|2009}} In 2004 [[Yusuf al-Qaradawi]] issued a fatwa calling for boycott of Israeli and American products, arguing that buying these goods would strengthen the "enemy" fighting against Muslims in the struggle over Palestine.{{sfn|Masud|Kéchichian|2009}}

Some muftis in the modern era, like the mufti of the Lebanese republic in the mid-20th century and the Grand Mufti of the Sultanate of Oman, were important political leaders.{{sfn|Messick|Kéchichian|2009}} In Iran, [[Ayatollah Khomeini]] used proclamations and fatwas to introduce and legitimize a number of institutions, including the [[Council of the Islamic Revolution]] and the [[Iranian Parliament]].{{sfn|Dallal|Hendrickson|2009}}

Khomeini's most publicized fatwa was the [[Rushdie Affair|proclamation]] condemning [[Salman Rushdie]] to death for his novel ''[[The Satanic Verses]]''.{{sfn|Dallal|Hendrickson|2009}} Khomeini himself did not call this proclamation a fatwa, and some scholars have argued that it did not qualify as one, since in Islamic legal theory only a court can decide whether an accused is guilty.{{sfn|Hendrickson|2013}}{{sfn|Vikør|2005|p=142}} However, after the proclamation was presented as a fatwa in Western press, this characterization was widely accepted by both its critics and its supporters,{{sfn|Hendrickson|2013}}{{sfn|Vikør|2005|p=142}} and the Rushdie Affair is credited with bringing the institution of fatwa to world attention.{{sfn|Messick|2017}} Together with later militant fatwas, it has contributed to the popular misconception of the fatwa as a religious death warrant.{{sfn|Berger|2014}}

Many militant and reform movements in modern times have disseminated fatwas issued by individuals who do not possess the qualifications traditionally required of a mufti. A famous example is the fatwa issued in 1998 by [[Osama bin Laden]] and four of his associates, proclaiming "jihad against Jews and Crusaders" and calling for killing of American civilians. In addition to denouncing its content, many Islamic jurists stressed that bin Laden was not qualified to either issue a fatwa or declare a jihad.{{sfn|Dallal|Hendrickson|2009}}

The [[Amman Message]] was a statement, signed in 2005 in Jordan by nearly 200 prominent Islamic jurists, which served as a "counter-fatwa" against a widespread use of ''takfir'' (excommunication) by [[jihadist]] groups to justify jihad against rulers of Muslim-majority countries. The Amman Message recognized eight legitimate schools of Islamic law and prohibited declarations of apostasy against them. The statement also asserted that fatwas can be issued only by properly trained muftis, thereby seeking to delegitimize fatwas issued by militants who lack the requisite qualifications.{{sfn|Hendrickson|2013}}{{sfn|Dallal|Hendrickson|2009}}

Erroneous and sometimes bizarre fatwas issued by unqualified or eccentric individuals in recent times have sometimes given rise to complaints about a "chaos" in the modern practice of ''ifta''.{{sfn|Messick|2017}}

===Fatwas in the West===

In the aftermath of the [[September 11 attacks|September 11, 2001, attacks]], a group of Middle Eastern Islamic scholars issued a fatwa permitting Muslims serving in the U.S. army to participate in military action against Muslim countries, in response to a query from a U.S. Army Muslim chaplain. This fatwa illustrated two increasingly widespread practices. First, it drew directly on the Quran and hadith without referencing the body of jurisprudence from any of the traditional schools of Islamic law. Secondly, questions from Western Muslims directed to muftis in Muslim-majority countries have become increasingly common, as about one-third of Muslims now live in Muslim-minority countries.{{sfn|Dallal|Hendrickson|2009}}

Institutions devoted specifically to issuing fatwas to Western Muslims have been established in the West, including the [[Fiqh Council of North America]] (FCNA, founded in 1986) and the [[European Council for Fatwa and Research]] (ECFR, founded in 1997). These organizations aim to provide fatwas that address the concerns of Muslim minorities, helping them to comply with sharia, while stressing compatibility of Islam with diverse modern contexts.{{sfn|Hendrickson|2009}} The FCNA was founded with the goal of developing legal methodologies for adopting Islamic law to life in the West.{{sfn|Hendrickson|2009}}{{sfn|Dallal|Hendrickson|2009}} The ECRF draws on all major schools of Sunni law as well as other traditional legal principles, such as concern for the public good, [[Urf|local custom]], and the prevention of harm, to derive fatwas suitable for life in Europe.{{sfn|Hendrickson|2009}} For example, a 2001 ECRF ruling allowed a woman who had converted to Islam to remain married without requiring her husband's conversion, based in part on the existence of European laws and customs under which women are guaranteed the freedom of religion.{{sfn|Dallal|Hendrickson|2009}} Rulings of this kind have been welcomed by some, but also criticized by others as being overly eclectic in legal methodology and having potential to negatively impact the interpretation of sharia in Muslim-majority countries.{{sfn|Dallal|Hendrickson|2009}}{{sfn|Hendrickson|2009}}

The needs of Western Muslims have given rise to a new branch of Islamic jurisprudence which has been termed the jurisprudence of (Muslim) minorities (''fiqh al-aqallīyāt'').{{sfn|Dallal|Hendrickson|2009}} The term is believed to have been coined in a 1994 fatwa by [[Taha Jabir Alalwani]], then the chairman of FCNA, which encouraged Muslim citizens to participate in American politics.{{sfn|Hendrickson|2009}} This branch of jurisprudence has since been developed primarily, but not exclusively for Muslim minorities in the West.{{sfn|Hendrickson|2009}}

===Role of modern media===

Advances in communication technology and the rise of the internet have changed the reception and role of fatwas in modern society.{{sfn|Dallal|Hendrickson|2009}}{{sfn|Ghafour|2016}} In the pre-modern era, most fatwas issued in response to private queries were read only by the petitioner. Early in the 20th century, the reformist Islamic scholar [[Rashid Rida]] responded to thousands of queries from around the Muslim world on a variety of social and political topics in the regular ''fatwa'' section of his Cairo-based journal ''[[Al-Manar (magazine)|Al-Manar]]''.{{sfn|Messick|2017}}{{sfn|Messick|Kéchichian|2009}} In the late 20th century, when the Grand Mufti of Egypt [[Muhammad Sayyid Tantawy|Sayyid Tantawy]] issued a fatwa allowing interest banking, the ruling was vigorously debated in the Egyptian press by both religious scholars and lay intellectuals.{{sfn|Dallal|Hendrickson|2009}}

In the internet age, a large number of websites has appeared offering fatwas to readers around the world. For example, [[IslamOnline]] publishes an archive of "live fatwa" sessions, whose number approached a thousand by 2007, along with biographies of the muftis. Together with satellite television programs, radio shows and fatwa hotlines offering call-in fatwas, these sites have contributed to the rise of new forms of contemporary ''ifta''.{{sfn|Dallal|Hendrickson|2009}}{{sfn|Ghafour|2016}} Unlike the concise or technical pre-modern fatwas, fatwas delivered through modern mass media often seek to be more expansive and accessible to the wide public.{{sfn|Messick|2017}}

Modern media have also facilitated cooperative forms to ''ifta''. Networks of muftis are commonly engaged by fatwa websites, so that queries are distributed among the muftis in the network, who still act as individual jurisconsults. In other cases, Islamic jurists of different nationalities, schools of law, and sometimes even denominations (Sunni and Shia), coordinate to issue a joint fatwa, which is expected to command greater authority with the public than individual fatwas. The collective fatwa (sometimes called ''ijtihād jamāʿī'',  "collective legal interpretation") is a new historical development, and it is found in such settings as boards of Islamic financial institutions and international fatwa councils.{{sfn|Berger|2014}}

===Social role of fatwas===

As the role of fatwas on strictly legal issues has declined in modern times, there has been a relative increase in the proportion of fatwas dealing with rituals and further expansion in purely religious areas like Quranic exegesis, creed, and Sufism. Modern fatwas also deal with a wide variety of other topics, including insurance, sex-change operations, moon exploration, beer drinking,{{sfn|Messick|2017}} abortion in the case of fatal foetal abnormalities, or males and females sharing workplaces.{{sfn|Ghafour|2016}} Public "fatwa wars" have reflected political controversies in the Muslim world, from anti-colonial struggles to the [[Gulf War]] of the 1990s, when muftis in some countries issued fatwas supporting collaboration with the US-led coalition, while muftis from other countries endorsed the Iraqi call for jihad against the US and its collaborators.{{sfn|Gräf|2017}}{{sfn|Messick|2017}} In the private sphere, some muftis have begun to resemble social workers, giving advice on various personal issues encountered in everyday life.{{sfn|Messick|2017}}

The social profile of the fatwa petitioner has also undergone considerable changes. Owing to the rise of universal education, those who solicit fatwas have become increasingly educated, which has transformed the traditional mufti–mustafti relationship based on restricted literacy. The questioner is now also increasingly likely to be female, and in the modern world, Muslim women tend to address muftis directly rather than conveying their query through a male relative as in the past. Since women now represent a significant proportion of students studying Islamic law and qualifying as muftiyas, their prominence in its interpretation is likely to rise.{{sfn|Messick|2017}}{{sfn|Ghafour|2016}} A fatwa hotline in the [[United Arab Emirates]] provides access to either male or female muftis, allowing women to request fatwas from female Islamic legal scholars.{{sfn|Ghafour|2016}}

The vast amount of fatwas produced in the modern world attests to the importance of Islamic authenticity to many Muslims. However, there is little research available to indicate to what extent Muslims acknowledge the authority of various fatwas and heed their rulings in real life. Rather than reflecting the actual conduct or opinions of Muslims, these fatwas may instead represent a collection of opinions on what Muslims "ought to think".{{sfn|Berger|2014}}