From a religious perspective, giving a Fatwa is a huge task. It is a noble responsibility. It is spreading Allah’s message to the people. It is explaining the ruling of the sharia. When we look at the nature of imams and religious scholars of the Islamic community, it is noticeable that they are quite hesitant to give fatwa. The reason is that it is explaining the ruling of Allah’s religion. It is compulsory to fear Allah when giving a fatwa and giving a fatwa without having the proper knowledge is a sin.
In this day there is a hesitation to participate in religious activities due to various fatwa. Having different thoughts for one issue. The reason is that there is no dialogue between religious scholars. There should be a platform to discuss sharia among scholars who attained education from various countries. In many countries, there are such assemblies and co-operations. In the previous days, there were such discussions, forums, summits and debates among religious scholars. Today it is more about responding and mostly the responses will be at a personal level and this has to be corrected.
In addition, it should be noted that in every era there will be special issues and matters specific to that era. There is a huge change in nature, culture, thinking, and behaviour in this era. It is compulsory to give fatwa based on the situation and condition of the environment and the community in every era. Giving fatwa is explaining the religious ruling based on a question raised. In that sense there are certain conditions to be met by the person who gives fatwa that is, having full knowledge of Quran and Sunnah, and having proper knowledge of these two sources, having knowledge of reasons for sharia rulings, having knowledge of Ijtihaad (independent reasoning for an issue) and Ijmaa (consensus among religious scholars), and giving fatwa based on a community’s culture. If the issue that is being covered in the fatwa is a matter that has a difference of opinions among religious scholars, then it has to be reasoned out in detail with evidence. There should be space for a concrete difference of opinions and should not consider one’s own view as the only right way. Truth is Dhaleel (evidence). The person seeking fatwa also should not be sarcastic in questioning. When a reliable religious scholar gives fatwa in light of dhaleel one should not mock and harass him/her. If one wants to know if there are more options, then one can seek an answer from another religious scholar.
When the prophet Mohamed (SAW) was asked for fatwas, Allah had responded to him with revelations. If there was no revelation on a certain matter, then he had waited until a revelation comes instead of saying anything on his own. Therefore, the truth is that halaal {what is permitted) and haraam (what is prohibited) is stated clearly. What is in between will not be known without having proper knowledge of the religion. When a question is raised on an issue in light of religion, the only responsibility of a religious scholar is to detail out the answer with dhaleel to the maximum of his knowledge, avoiding any materialistic intention. Not even a religious scholar can decide what is halaal and haraam.
From the words of scholars is it known that fatwa is not about accusations. Fatwa and judging are two different matters. Judging is based on accusations. To act based on an answer given by a religious scholar is optional. It is natural that a mufti’s (sharia lawyer) answer might differ from that of another mufti on the same matter who might be able to provide a more valid answer with dhaleel. Therefore, religious scholars advise muftis, not to give fatwa on judging. For example, marriage and divorce are matters of courts. Conversely, praying, fasting, zakat and hajj are not matters of courts. However, it is not that a religious scholar cannot respond to issues related to courts despite this, it is the judge who gives final wordings on court cases rather than a mufti.
A fatwa is not something that is imported from one country to another. It has to be based on the culture of the community. It also has to be based on the school of thought (mazhab) of the respective community. A fatwa should not be given on Hambalee School of Thought if a community follows Shaafiee School of Thought. A fatwa given on a country should consider its issues. Otherwise, it will lead to conflicts and unrest. It is essential to weigh the situation in the case of a fatwa. Some examples are given here in the cases of punishment, everyday life issues, and some social issues. Punishment should be given in the case of adultery however, it should be delayed until delivery if the woman is pregnant, it can be further delayed during lactation. During a war, punishment cannot be given to a thief and also when there is starvation theft punishment cannot be implemented.
Eventhough, theft and stealing are considered haraam in the general condition, in the case of a mother who steals from her husband who does not provide for his children and wife, if her intention is to provide for the kids and her expenses it is permissible. The messenger of Allah had given fatwa to women in such cases.
Sharia is a revelation for the peacefulness of the humankind. Protecting lives is the purpose of sharia. In that sense, based on the situation and condition, fatwa should be adapted considering sharia’s main purpose. For instance, abortion is haraam however, if the baby is not formed and that it has a permanent deformation then it can be aborted within 120 days. While after 120 days (the soul is formed), even if it has a permanent deformation abortion is not allowed, it is permissible just in one condition. That is if a trusted doctor says that it will threaten the life of the mother in the process of the baby’s development. In that case, priority should be given to save the life of the mother.
It is not permissible to change natural physical appearance. However, correcting the odd features of deformed tooth/teeth or trimming eyebrows and married couples grooming for each other in such a way is not considered as ‘haraam”. It is also permissible for an older man who is married to a much younger woman to colour his hair and groom. Colouring hair with black is not recommended by some scholars while others say that it is permissible and some others have said that it is not permissible. But the religious scholars have not come to a consensus on the issue. It is permissible for an older woman who is married to a much younger man to colour her hair to conceal the grey hairs and groom the eyebrows for her husband. In addition, it is permissible for a young woman who has more grey hairs to colour her hair. Furthermore, it is Sunnah for a woman who has hairs on her face to shave those hairs. The religious answer for the above-mentioned matters has to be given based on the individual, situation, and the purpose. It is not good to respond in a hurry without taking into account the condition of the individual, and without researching the issue.
The extent of fatwa conflict can be measured from social media these days. This is a very scary scenario. Fatwa on religious matters has to be given after extensive research. Especially in modern issues, a decision should not be taken based on a fatwa of only one person. A ‘Jamaai Fatwa’ is essential for such matters. A ‘Jamaai Fatwa’ means more than one religious scholar discussing a matter from a religious perspective considering dhaleels and issuing a fatwa. Moreover, it is essential to look into other schools of thought.
These days in most countries a fatwa council is formed for the above-mentioned reason and International Fiqh (understanding of Islamic law) Academies and Islamic Research Academies as well have been formed for that purpose. If fatwa is taken as a ‘joke’ the society will be ruined. When someone raises a question, googling and giving an answer will not be a justifiable solution. Google has fatwas on various schools of thoughts. Recently it has become common in Maldives fatwas given by religious scholars of Hanbalee Mazhab. This is a matter that we have to think about. Nowadays in Maldivian mosques, even some books of Hanbalee Mazhab is taught. The general public of Maldives follows Shafiee Mazhab. The general public following a particular school of thought is not an issue. That does not mean devoting to a particular Mazhab. The popular four schools of thoughts are Sunni Mazhabs (Sunni Schools of thoughts). However, in countries that follow these schools of thoughts their respective schools of thought should be taken into account when giving fatwa. In an issue, preference should be given based on dhaleels. Truth is the Holy Quran, Sunnah and Ijmaa. Majority’s opinion is not Ijmaa. In Islamic ruling, scholars Ijmaa means after Prophet Mohamed, the authorized religious scholars existing in the particular period agreeing on an issue, even if one person disagrees it will not be an ‘Ijmaa’. It will not be permissible going against an Ijmaa. However, it is permissible to debate what the majority think about on an issue in light of dhaleels. There might be a difference of opinions of the majority from one period to that of others. Those difference of opinions is based on dhaleels, conditions and situations.
The Condition of Maldives
"When thinking of the situation of Maldives, I believe that the system of fatwa should be improved very much. The situation of the country mandates that the Supreme Council for Islamic Fatwa has to be restructured. The council should have members from various schools of thought. Tafseer Ilm (knowledge of Quranic interpretation), Hadith Ilm (knowledge of prophet’s narratives), Comparative Fiqh, Maqasid Sharia (purpose of sharia) and graduates from international universities in all areas should be included as members. There will not be religious unity if the government’s fatwa system is not strong. Before some individuals give fatwa on major issues, the relevant authority of the government should give fatwa on the issue. In that way, there will not be room for extremists", Said, former Islamic Minister Dr Shaheem.
It is noted that even now the Fatwa Council is doing some notable work. Fatwa System should be developed to an extent that it will be able to give solutions for national issues. In that respect, there should be a system developed in the fatwa authority that enables the public to send questions easily. There should be a means to publish fatwa through social media. If such a system is developed by the government then depending on the fatwa of individuals’ will be stopped. Egypt is a country that has the strongest fatwa system. Egypt’s Dar Al Ifta is a notable institute in this field. There is a means where the general public can send questions easily and can send videos. Fatwa can be publicised in all means.
In shedding light on the above, the former Islamic Minister Dr. Mohamed Shaheem Ali Saeed said that when he was the Islamic Minister, he expanded Fiqh Academy’s role. “Later Fiqh Academy was dissolved. That was when the Fatwa Council’s Act was ratified. That change happened after my resignation. While I was the Islamic Minister I developed a hotline for the public to raise questions easily. In addition, I assigned a highly qualified religious scholar to answer the questions. When I become the Minister, he was retired. However, I approached him and told that religious scholars do not have retirement and that I needed his assistance. He accepted my invitation and as agreed spent some time every day at his desk to answer questions raised through the hotline. In Allah’s grace, this had made life easy for many. I used to visit the desk from time to time and ask what was the most frequently asked question. And I was told that the most frequently raised questions were on divorce. He was my beloved Sheikh, Usman Abdulla. May Allah bless him and gift good health and wealth. He helped me with the issue immensely when I was the Islamic Minister”, wrote the former minister.
“Furthermore, we published a magazine providing religious information. The magazine was named ‘Hidhayathge Ali’ that was published monthly. These works were done to provide information within the official system” (Dr Shaheem).
To save the general public and youth from the extremists within the community, the government should have a strong system where the general public can get answers to their questions. It should include providing information on day-to-day issues and giving fatwa on special issues.
There are numerous issues these days. There is a need for Jamaaee Fatwa on Economic, Social, Political and various modern issues. This is the most vital source for religious unity.
This article is based on the original article written by former Islamic Minister Dr Mohamed Shaheem Ali Saeed who wrote his article based on his research.
