If you have ever studied religion in school or done research on your own then you are sure to have heard of a Muslim Fatwa in some form or another. While many people have heard the term or heard of certain cases, quite few are actually aware of what a fatwa is or what impact it can have on the Islamic religion. Essentially the doctrine in Islam has no main authority or central ruling. In simpler terms, Muslim Fatwas are opinionated rulings that are derived by scholars of the religion. Take this quote from Maulana Mehmood Madani, the president of the Jamaat-e-Uleme-e-Hind; “In Sunni Islam, a fatwa is nothing more than an opinion. It is just a view of a mufti and is not binding in India.” However in Shia Islam it is possible for fatwas to actually be legally binding. While it is globally recognized as one of the greatest and most prominent religions in the world, there has also been a proliferation of a number of unusual religious rulings due to the acceptance of fatwas. First let us take a closer look into what exactly a Muslim Fatwa is and then discuss a few modern examples and studies.

In the beginning stages of Islamic religion Muslim Fatwas were used and created simply as a tool for religious guidance. They were a tool to be used for clearer understand of Islamic law and all the issues and opinions within it. While sometimes the rules are a little looser, at the start there were very strict rules about who could or could not submit a fatwa into use. There are also a number of conditions that a fatwa must incorporate before it can be deemed valid. These conditions are;

-It must agree with other legal proof and be taken from verses of the Qur’anic and hadith.

-It must only be submitted by someone with exceptional knowledge on the topic and a sincere heart.

-It must not depend on politics and must not benefit any one person more than others.

-It must be relevant and relate to the modern needs and opinions of society.

Over the course of time there have been a number of independent states developed. Each issues its own legal system and classifies its own regulations and rules. Some Muslim countries like Egypt for example appoint someone to be an official Mufti. There are a number of qualifications that someone must meet in order to be a Mufti or be capable of enacting a fatwa. While there are some very strict guidelines and qualifications that must be met, essentially one must obtain a license to teach and enact their opinion. This license takes close to 15 years of studying to obtain and only the premier minds can truly hope to achieve this status.

In Islamic nations where Islamic law is the starting point of all legal issues there is always a debate before a fatwa can be issued. Because it was originally stated that all fatwas must be not be contradictory, it can be quite hard to enact a new one. Once one has been deemed appropriate though, it can then be tied into the legal system and all according law. However, in other nations Islamic law and the judicial system are based upon national jurisprudence. In these instances Fatawa do not have a direct impact on the system whatsoever and are just put into place as interpretations of low or moral suggestions. While some nations implement, or at least try to implement, fatwas into judicial law, there is a very concrete law that states that a fatwa can only be bound by its author. Even still some authorities try to insist that their fatwas are obligatory and must be followed to a tea. Governing religious authorities usually can override demands that a fatwa be followed such as the case when Osama Bin Laden issued two Muslim fatwas that essentially broke Islamic law. Now that you have a clear understanding of what exactly a Muslim fatwa is we can discuss some modern issues and some of the more controversial fatwas that have come into place.

One of the more prominent, or at least most remembered, fatwa especially within the western world has been the Salman Rushdie incident. This specific fatwa was coined by Ayatollah Ruhollah Khomeini of Iran. While in most instances modern fatwas deal with sexual matters, this instance dealt with the death sentence invoked on Salman Rushdie in 1989. Rushdie was a British author who had just penned the book, “The Satanic Verses” which revolved around the origins of the Koran. At the time, Khomeini was dealing with backlash from the Iran-Iraq war that left many of his countrymen dead. The fatwa was a perfect way to take attention of himself and set thousands of Muslim people off on a personal vendetta against the author. The fatwa remains in place to this day and Al Qaeda has actually called for retaliation against Britain after Queen Elizabeth II knighted Rushdie.

Another controversial fatwa deals with Polio vaccinations. The largest umbrella group in Pakistan, the MMA, declared a fatwa in 2007 that endorsed the government’s efforts to give polio vaccinations to children. Even after this fatwa was issued, thousands of people refused to receive the treatment and many anti-state scholars began announcing their own fatwas against the vaccinations. The problem has not carried over substantially as the virus has not spread as rapidly as first thought. But, it is a perfect example of how contradictory fatwas can truly be left irrelevant in modern society.

While Muslim fatwas do tend to base themselves around sexual matters, one rather unusual controversial one came about in 2006. Rashad Hassan Khalil declared that if two married people were naked while engaging in sexual activity that the marriage should then become annulled. After some outrage on the matter, Khalil reversed his opinion, but only partially. Khalil then stated that it was ok for a husband and wife to be naked, but they should not look directly at one another and should partake in the activities under a blanket at all times. Needless to say, Khalil is now the former dean of Islamic Law after eventually resigning.

Muslim fatwas play a very important role in Islamic law and modern Muslim society. There will always be controversial instances and fatwas that are not agreed upon and this is why it is so important to keep in mind that they are not always legally binding. While they are a very serious opinion and suggestion they are separated from binding law, and often times, for good reason.