Islamopedia Preface

The following is an explanatory note on the meaning of the term “fatwa” in cyberspace. If you are new to Islamopedia Online, it is recommended that you read the following advisory before browsing our catalogues.

At present, considerable numbers of Muslims go on the internet and ask questions for religious guidance through websites. What do they get? Correspondingly, what is catalogued on this site?

On Islamopedia Online, the usage of the term “fatwa” is a reflection of the current range of meaning in cyberspace and in common parlance. In this regard, the contemporary usage differs from the classical definition of Fatwa, at least in the Sunni tradition.

In classical legal theory, a fatwa is a legal opinion issued by a qualified jurist in response to a query. Because Islamic jurisprudence recognizes a plurality of legitimate legal opinions, it is understood that a fatwa issued by an individual or council present merely one of a variety of possible responses to the given query.

For this reason, there is a distinction made in usul al-fiqh, the principles of jurisprudence, between the unbinding legal opinion of a jurist, (a mufti), and the binding rule of a judge, (a qadi), who issues verdicts on particular cases following a specified procedure.  In this conception of the law, a fatwa stands between the theory of the law as articulated by qualified legal specialists, and the practice of the law as exercised by judges.

In the Shi’a world, a fatwa has a different status according to the clerical level of the religious authority. It can be issued by a mujtahid or a marja’. A Mujtahid is an alim who has acquired a thorough knowledge and understanding of the Quran and the Hadith. A Marja is that Mujtahid who is the most knowledgeable (highest ranking) among all Mujtahids. A fatwa is compulsory for the Muslim who asks the question.

The institutionalization of Islamic law spans back to the early middle ages of the current era.  In many regions of the world today such institutional bodies are responsible for publically issuing legal opinions, advising ministries, and in some cases conducting legal procedures for Muslims of different affiliations through the state judicial system. Such institutions are most commonly found in states where Islam is the official or majority religion. Increasingly, bodies related to the theory and practice of the law can be found in regions where significant Muslim minority populations reside, such as in the United States and European countries, however only in rare cases are these bodies affiliated with the state.

Alongside Muslim jurists and judges under the jurisdiction of government bodies, private legal specialists perform a similar function and hold comparable credentials. Among the primary credentials for persons issuing legal opinion are: that they be Muslim; be of sound rational faculties; be just and upright; have reached the age of maturity; have the requisite legal and theological background; have intelligence and attentiveness to conceptualize scenarios correctly; and that they hold specialized credentials in issuing legal opinions and have been given the recognized authority to do so. Gender prerequisites are a matter of contention. Historically, the vast majority of legal scholars have been men, although women are represented in smaller numbers.

For the purposes of this site, it is important to note that only some publicized fatwas adhere to the highly specialized, technical methodology for issuing legal opinions. A fatwa of this variety usually presents multiple sides of a given issue with supporting evidence for each side, followed by a summary and final ruling including the pivotal rationale and potential exceptions to the rule. You will find fatwas in this form catalogued on this site, most issued by recognizable legal bodies.

However, many—if not the majority—of the fatwas catalogued here deviate from the classical form, but still maintain basic features. A fatwa on cyberspace can be a simple opinion of a web-scholar, loosely in the form of a fatwa. This is sometimes true even in the case of preeminent clerics and scholars who possess the credentials to issue fatwas in the more restricted sense. Some preeminent clerics and scholars even maintain websites devoted to fielding questions from the public. Increasingly, such personal sites are vehicles for enhancing the public profile and influence of individual.

In other cases, individuals issuing fatwas publicized on the internet are religious teachers or figureheads who may or may not have seminary style education, but who are educated to some degree in general principles of Islamic law according to their particular sectarian affiliation or trend of interpretation.

Finally, many efforts to interpret religious sources are posted to the internet in the form of longer essay-like pieces. This format is most common among scholars who have received a significant part—if not all—of their formal education through secular institutions.

When exploring the Islamopedia site, the best way to discern the differing types of authority is to consult the biography and affiliation of the author or sponsoring organization supplied. The Islamopedia project aims to present a wealth of materials, without discriminating one form over another, in order to show the fluctuating content of the Islamic tradition; this despite the claims of particular groups that they are the sole or correct authorities.

We at the Islamopedia project wish you an enriching experience and look forward to receiving your input on our on-going attempts to catalogue and make readily available the vast amount of information pertaining to Islamic legal authority and debates in the contemporary world.