Editing Fatwa (section)

===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}}