Editing Fatwa (section)

==In pre-modern Islam==

===Process of ''iftāʾ''===

[[File:Ein_Mufti,_oder_Türkischer_Pfaff.tif|thumbnail|upright=0.8|Turkish mufti (1687 engraving)]]

The legal theory of the fatwa was formulated in the classical texts of ''[[usul al-fiqh]]'' (principles of jurisprudence), while more practical guidelines for muftis were found in manuals called ''adab al-mufti'' or ''adab al-fatwa'' (etiquette of the mufti/fatwa).{{sfn|Messick|2017}}

Fatwas are issued in response to a query.{{sfn|Berger|2014}} They can range from a simple yes/no answer to a book-length treatise.{{sfn|Hendrickson|2013}}{{sfn|Dallal|Hendrickson|2009}} A short fatwa may state a well-known point of law in response to a question from a lay person, while a "major" fatwa may give a judgment on an unprecedented case, detailing the legal reasoning behind the decision.{{sfn|Hendrickson|2013}}{{sfn|Dallal|Hendrickson|2009}} Queries to muftis were supposed to address real and not hypothetical situations and  be formulated in general terms, leaving out names of places and people. Since a mufti was not supposed to inquire into the situation beyond the information included in the query, queries regarding contentious matters were often carefully constructed to elicit the desired response.{{sfn|Messick|Kéchichian|2009}} A mufti's understanding of the query commonly depended on their familiarity with local customs and colloquialisms. In theory, if the query was unclear or not sufficiently detailed for a ruling, the mufti was supposed to state these caveats in their response.{{sfn|Messick|Kéchichian|2009}}

Fatwas were solicited by men and women from all social classes. A mufti could be an obscure scholar, who occasionally replied to queries from people in his neighborhood, or, at the other extreme, a famous jurist or a powerful state official. The level of technical detail supplied in a fatwa, such as citations of sources or specification of legal methodologies employed, depended on the technical level of the petitioner.{{sfn|Messick|Kéchichian|2009}} In theory, a petitioner was supposed to verify the mufti's scholarly reputation, but mufti manuals (''adab al-mufti'') recognized that it would be difficult for a lay person to do so, and advised the petitioner to trust their sense of the mufti's piety and ideally follow the advice of a single scholar known for exemplary morals.{{sfn|Messick|Kéchichian|2009}} The mufti was often a well-known figure in his neighborhood. Some petitioners could choose among several local muftis, while others had to or chose to travel to receive a fatwa.{{sfn|Messick|Kéchichian|2009}} Judges commonly sent letters to solicit fatwas from prominent jurists in another town or even country.{{sfn|Hallaq|2009|p=9}} Sunni legal theory generally permits the petioner to obtain a fatwa from multiple jurists on the same query, provided that it addresses a real and not hypothetical situation.{{sfn|Hendrickson|2013}} Some petitioners sought out a second fatwa because they were unsatisfied with the first, and the two sides in a legal dispute generally each sought to obtain a fatwa that would support their position.{{sfn|Messick|Kéchichian|2009}} Muftis often consulted another mufti on difficult cases, though this practice was not foreseen by legal theory, which saw ''futya'' as a transaction between one qualified jurist and one "unqualified" petitioner.{{sfn|Vikør|2005|p=147}}

In theory, a mufti was expected to issue fatwas free of charge. In practice, muftis commonly received support from the public treasury, public endowments or private donations. Taking of bribes was forbidden.{{sfn|Powers|2017}}{{sfn|Messick|Kéchichian|2009}} Until the 11th or 12th century, the vast majority of jurists held other jobs to support themselves. These were generally lower- and middle-class professions such as tanning, manuscript copying or small trade.{{sfn|Hallaq|2009|p=13}}

In theory, fatwas could be delivered orally or in writing, but it is not clear how common oral fatwas were, aside from those issued by an Ottoman office established specifically for the purpose of issuing oral fatwas. Many routine, written fatwas were delivered directly to the petitioner on the piece of paper containing the query, leaving no documentary trace. However, large collections of ordinary fatwas are preserved in Ottoman and Indian archives.{{sfn|Messick|Kéchichian|2009}} Mufti manuals contained a number of regulations about the standard format of a fatwa, such as avoiding blank space that could be used for a spurious addition and concluding the fatwa with an expression like ''allahu a'lam'' (God knows best). Nonetheless, fatwas took on a variety of forms depending on the local legal culture.{{sfn|Messick|Kéchichian|2009}}

The 14th century jurist [[Ibn Taymiyyah|Taqi al-Din Ibn Taymiyya]] was known for his methodology of issuing ''fatwas'' through direct research of the ''[[Quran|Qur'an]]'' and ''[[Hadith]]'', rather than being restrained by the mechanism of the ''[[madhhab]]s'' (legal schools). Explaining Ibn Taymiyya's approach to issue ''fatwas'', his student [[Al-Dhahabi]] writes: <blockquote>"He was well informed of the legal views of the [Prophet's] [[Companions of the Prophet|companions]] and their [[Tabi'un|followers]], and he rarely talked about a subject without quoting the four schools of the imams. Yet, he contradicted the four schools in well-known matters about which he wrote and for which provided arguments from the Koran and the Sunna. He has compiled a work entitled ''Politics According to Divine Law for Establishing Order for Sovereign and Subjects'' and a book [called] ''Removing the Reproach from the Learned Imams''.... For some years now he has not issued ''fatwas'' (legal opinions) according to a specific school, rather he bases these on the proof he has ascertained himself. He supported the pure [[Sunnah|Sunna]] and the way of [[Salafiya]]h".<ref>{{Cite book |last=G. Rabil |first=Robert |title=Salafism in Lebanon: From Apoliticism to Transnational Jihadism |publisher=Georgetown University Press |year=2014 |isbn=978-1-62616-116-0 |location=Washington, DC, USA |pages=27 |chapter=1: The Creed, Ideology, and Manhaj (Methodology) of Salafism: A Historical and Contemporaneous Framework}}</ref></blockquote>

===Role of fatwas===

The classical  institution of fatwa is similar to ''jus respondendi'' in [[Roman law]] and the ''[[responsa]]'' in [[Jewish law]].{{sfn|Messick|Kéchichian|2009}}{{sfn|Tyan|Walsh|2012}}

Fatwas have played three important roles in the classical legal system:
* managing information about Islam by providing legal advice to Muslim populations as well as counseling them in matters of ritual and ethics;{{sfn|Masud|Kéchichian|2009}}{{sfn|Messick|Kéchichian|2009}}
* advising courts of law on finer points of Islamic law, in response to queries from judges;{{sfn|Masud|Kéchichian|2009}}{{sfn|Dallal|Hendrickson|2009}}
* elaborating substantive Islamic law, particularly though a genre of legal literature developed by author-jurists who collected fatwas of prominent muftis and integrated them into books.{{sfn|Masud|Kéchichian|2009}}{{sfn|Messick|Kéchichian|2009}}

Before the rise of modern education, the study of law was a centerpiece of advanced education in the Islamic world. A relatively small class of legal scholars controlled the interpretation of sharia on a wide range of questions essential to the society, ranging from ritual to finance. It was considered a requirement for qualified jurists to communicate their knowledge through teaching or issuing fatwas. The ideal mufti was conceived as an individual of scholarly accomplishments and exemplary morals, and muftis were generally approached with the respect and deference corresponding to these expectations.{{sfn|Messick|Kéchichian|2009}}

[[File:Tazkarat al-Fuqaha.jpg|thumbnail|upright=1.3|Page from a compilation of fatwas from Safavid Persia, late 17th century]]

Judges generally sought an opinion from a mufti with higher scholarly authority than themselves for difficult cases or potentially controversial verdicts.{{sfn|Hendrickson|2013}}{{sfn|Vikør|2005|p=143}} Fatwas were routinely upheld in courts, and if a fatwa was disregarded, it was usually because another fatwa supporting a different position was judged to be more convincing. If a party in a dispute was not able to obtain a fatwa supporting their position, they would be unlikely to pursue their case in court, opting for informal mediation instead, or abandoning their claim altogether.{{sfn|Hallaq|2009|pp=9–11}} Sometimes muftis could be petitioned for a fatwa relating to a court judgment that has already been passed, acting as an informal appeals process, but the extent of this practice and its mechanism varied across history.{{sfn|Vikør|2005|p=144}} While in most of the Islamic world judges were not required to consult muftis by any political authority, in [[Al-Andalus|Muslim Spain]] this practice was mandatory, so that a judicial decision was considered invalid without prior approval by a legal specialist.{{sfn|Hallaq|2010|p=159}}

Author-jurists collected fatwas by muftis of high scholarly reputation and abstracted them into concise formulations of legal norms that could be used by judges, giving a summary of jurisprudence for a particular ''[[madhhab]]'' (legal school).{{sfn|Masud|Kéchichian|2009}}{{sfn|Hallaq|2009|pp=9–11}} Author-jurists sought out fatwas that reflected the social conditions of their time and place, often opting for later [[legal opinion]]s which were at variance with the doctrine of early authorities.{{sfn|Hallaq|2009|pp=9–11}} Research by [[Wael Hallaq]] and Baber Johansen has shown that fatwa compilations could, and sometimes did, have a significant impact on the development of Islamic law.{{sfn|Swartz|2009}}

During the early centuries of Islam, the roles of mufti, author-jurist and judge were not mutually exclusive. A jurist could lead a teaching circle, conduct a fatwa session, and adjudicate court cases in a single day, devoting his night hours to writing a legal treatise. Those who were able to act in all four capacities were regarded as the most accomplished jurists.{{sfn|Hallaq|2009|p=13}}

From the standpoint of morality and religious obligation, the term ''fatwa'' has been contrasted with ''taqwa'' (piety, fear of God), particularly in Sufi literature. Fatwas may allow a choice between lenient and strict interpretation of ''sharia'' on a certain matter, or they may employ legalistic stratagems (''hiyal'') to circumvent a stricter interpretation, while such strategies may not be acceptable from the standpoint of ''taqwa''.{{sfn|Masud|Kéchichian|2009}}

===Qualifications of a mufti===

The basic prerequisite for issuing fatwas under the classical legal theory was religious knowledge and piety. According to the ''adab al-mufti'' manuals, a mufti must be an adult, Muslim, trusted and reliable, of good character and sound mind, an alert and rigorous thinker, trained as a jurist, and not a sinner.{{sfn|Powers|2017}} On a practical level, the stature of muftis derived from their reputation for scholarly expertise and upright character.{{sfn|Hendrickson|2013}}

According to legal theory, it was up to each mufti to decide when he was ready to practice. In practice, an aspiring jurist would normally study for several years with one or several recognized scholars, following a curriculum that included Arabic grammar, hadith, law and other religious sciences.  The teacher would decide when the student was ready to issue fatwas by giving him a certificate (''[[ijaza]]'').{{sfn|Vikør|2005|p=144}}

During the first centuries of Islam, it was assumed that a mufti was a ''mujtahid'', i.e., a jurist who is capable of deriving legal rulings directly from the scriptural sources through independent reasoning (''[[ijtihad]]''), evaluating the reliability of hadith and applying or even developing the appropriate legal methodologies. Starting from around 1200 CE, legal theorists began to accept that muftis of their time may not possess the knowledge and legal skill to perform this activity. In addition, it was felt that the major question of jurisprudence had already been addressed by master jurists of earlier times, so that later muftis only had to follow the legal opinions established within their legal school (''[[taqlid]]''). At that point, the notions of ''mufti'' and ''mujtahid'' became distinguished, and legal theorists classified jurists into three or more levels of competence.{{sfn|Vikør|2005|pp=152–154}}

Among [[Twelver Shia]], the [[Akhbari]] school of jurisprudence, which was predominant for a time during the early modern era, hold a different view on ''ifta'' from the currently predominant [[Usuli]] school. According to the Usulis, fatwas can be based on valid conjecture (''zann'') arrived through ''ijtihad'', and every Muslim who is not qualified to be a ''mujtahid'' should become a follower (''muqallid'') of a ''mujtahid''. In contrast, Akhbaris hold that all Shia Muslims must be ''muqallids'' of the [[The Twelve Imams|Twelve Imams]], and that fatwas should reflect only knowledge that is certain (''qatʿ'') and based on the traditions of the Imams.{{sfn|Momen|2015|pp=1856–1881 (Kindle locations)}}

Unlike the post of ''qadi'', which is reserved for men in the classical sharia system, fatwas could be issued by qualified women as well as men.{{sfn|Tyan|Walsh|2012}} In practice, the vast majority of jurists who completed the lengthy curriculum in linguistic and religious sciences required to obtain the qualification to issue fatwas were men.{{sfn|Hendrickson|2013}} Slaves and persons who were blind or mute were likewise theoretically barred from the post of a judge, but not that of mufti.{{sfn|Powers|2017}}

===Fatwa vs. court judgment===

The mufti and the judge play different roles in the classical sharia system, with corresponding differences between a fatwa and a ''[[Qada (Islamic term)|qada]]'' (court decision):
* A fatwa is nonbinding (unless issued by a government judge in an [[Islamic state]]), while a court decision is binding and enforceable.{{sfn|Hendrickson|2013}}{{sfn|Masud|Kéchichian|2009}}
* A fatwa may deal with rituals, ethical questions, religious doctrines and sometimes even philosophical issues, while court cases dealt with legal matters in the narrow sense.{{sfn|Masud|Kéchichian|2009}}{{sfn|Hendrickson|2013}}
* The authority of a court judgment applies only to the specific court case, while a fatwa applies to all cases that fit the premises of the query.{{sfn|Messick|Kéchichian|2009}}
* A fatwa is made on the basis of information provided in the request, while a judge actively investigates the facts of the case.{{sfn|Hendrickson|2013}}{{sfn|Messick|Kéchichian|2009}}
* A judge evaluates rival claims of two parties in a dispute in order to reach a verdict, while a fatwa is made on the basis of information provided by a single petitioner.{{sfn|Hendrickson|2013}}{{sfn|Messick|Kéchichian|2009}}
* Fatwas by prominent jurists were collected in books as sources of precedent, while court decisions were recorded in court registers, but not otherwise disseminated.{{sfn|Hendrickson|2013}}{{sfn|Messick|Kéchichian|2009}}
* While both muftis and judges were interpreters of sharia, judicial interpretation centered on evaluating evidence such as testimony and oath, while a mufti investigated textual sources of law (scripture and legal literature).{{sfn|Messick|Kéchichian|2009}}
* In the classical legal system, judges were civil servants appointed by the ruler, while muftis were private scholars and not appointed officials.{{sfn|Berger|2014}}

===Institutions===

Before the 11th century CE, anyone who possessed scholarly recognition as an Islamic jurist could issue fatwas. Starting around that time, however, the public office of mufti began to appear alongside the private issuing of fatwas. In [[Khurasan]], the rulers appointed a head of the local ulama, called ''[[shaykh al-Islam]]'', who also functioned as the chief mufti. The [[Mamluk Sultanate (Cairo)|Mamluks]] appointed four muftis, one for each of the four Sunni madhhabs, to appellate courts in provincial capitals. The Ottomans organized muftis into a hierarchical bureaucracy with a chief mufti of the empire called ''shaykh al-Islam'' at the top. The Ottoman ''shaykh al-Islam'' (Turk. ''şeyhülislam''), was among the most powerful state officials.{{sfn|Messick|Kéchichian|2009}} Scribes reviewed queries directed to Ottoman muftis and rewrote them to facilitate issuing of fatwas.{{sfn|Messick|Kéchichian|2009}}{{sfn|Dallal|Hendrickson|2009}} In [[Mughal India]] and [[Safavid Iran]] the chief mufti had the title of ''sadr''.{{sfn|Dallal|Hendrickson|2009}}

[[File:Samarkand, Registan, Ulugbek Medressa (6238565020).jpg|thumb|[[Ulugh Beg Madrasa, Samarkand]] (est. 1422)]]

For the first few centuries of Islam, muftis were educated in informal study circles, but beginning in the 11th and 12th centuries, the ruling elites began to establish institutions of higher religious learning known as [[madrasa]]s in an effort to secure support and cooperation of the ''[[ulema]]'' (religious scholars). Madrasas, which were primarily devoted to the study of law, soon multiplied throughout the Islamic world, helping to spread Islamic learning beyond urban centers and to unite diverse Islamic communities in a shared cultural project.{{sfn|Berkey|2004}}

In some states, such as Muslim Spain, muftis were assigned to courts in advisory roles. In Muslim Spain jurists also sat on a ''[[shura]]'' (council) advising the ruler. Muftis were additionally appointed to other public functions, such as [[Muhtasib|market inspectors]].{{sfn|Masud|Kéchichian|2009}}

==== In Shia Islam ====

While the office of the mufti was gradually subsumed into the state bureaucracy in much of the Sunni Muslim world, Shia religious establishment followed a different path in Iran starting from the early modern era. During Safavid rule, independent Islamic jurists (''mujtahids'') claimed the authority to represent the [[Muhammad al-Mahdi|hidden imam]]. Under the Usuli doctrine that prevailed among Twelver Shias in the 18th century and under the [[Qajar dynasty]], the ''mujtahids'' further claimed to act collectively as deputies of the imam. According to this doctrine, every Muslim is supposed to choose and follow a high-ranking living ''mujtahid'' bearing the title of ''[[Marja'|marja' al-taqlid]]'', whose fatwas are considered binding, unlike fatwas in Sunni Islam. Thus, in contrast to Sunni muftis, Shia ''mujtahids'' gradually achieved increasing independence from the state.{{sfn|Dallal|Hendrickson|2009}}

===Public and political fatwas===

While most fatwas were delivered to an individual or a judge, some fatwas that were public or political in nature played an important role in religious legitimation, doctrinal disputes, political criticism, or political mobilization. As muftis were progressively incorporated into government bureaucracies in the course of Islamic history, they were often expected to support government policies. Ottoman sultans regularly sought fatwas from the chief mufti for administrative and military initiatives, including fatwas sanctioning [[jihad]] against [[Mamluk Sultanate (Cairo)|Mamluk Egypt]] and Safavid Iran.{{sfn|Hendrickson|2013}} Fatwas by the Ottoman chief mufti were also solicited by the rulers to lend religious legitimacy to new social and economic practices, such as  financial and penal laws enacted outside of sharia, printing of nonreligious books (1727) and vaccination (1845).{{sfn|Dallal|Hendrickson|2009}}

At other times muftis wielded their influence independently of the ruler, and several sultans in Morocco and the Ottoman Empire were dethroned as a result of fatwas issued by influential jurists.{{sfn|Hendrickson|2013}} This happened, for example, to the Ottoman sultan [[Murad V]] on the grounds of his insanity.{{sfn|Dallal|Hendrickson|2009}} Public fatwas were also used to dispute doctrinal matters, and in some case to proclaim that certain groups or individuals who professed to be Muslim were to be excluded from the [[Ummah|Islamic community]]  (a practice known as ''[[takfir]]'').{{sfn|Hendrickson|2013}} In both political and scholarly sphere, doctrinal controversies between different states, denominations or centers of learning were accompanied by dueling fatwas.{{sfn|Messick|Kéchichian|2009}} Muftis also acted to counteract the influence of judges and secular functionaries. By articulating grievances and legal rights of the population, public fatwas often prompted an otherwise unresponsive court system to provide redress.{{sfn|Dallal|Hendrickson|2009}}