Editing Fatwa (section)

===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}}