A nice statement on the Islamic idea of the fatwa, typically misunderstood in the West, by the grand mufti of Egypt — in other words, by that nation’s chief issuer of fatwas.
http://www.wsj.com/articles/SB12629032146271714730204581041853312221500
Many years ago, I wrote the (very brief) article on fatwa for an encyclopedia of Islam. I can’t remember which encyclopedia it was, but I happen to have the text of that article with me here, on my computer. It might be helpful:
An advisory opinion issued by a recognized authority on law and tradition in answer to a specific question. Fatwas can range from single-word responses (e.g., “Yes,” “No,” or “Permitted”) to book-length treatises. Although typically focused on legal matters, fatwas also treat more general religious issues, including theology, philosophy, creeds, and ‘ibadat (religious obligations or acts of worship). Traditionally, despite numerous exceptions (particularly since the eleventh century), the issuer of fatwas, termed a mufti—whose authority derives from his knowledge of law and tradition—has functioned independently of the judicial system, indeed often privately.
While court rulings rely on the sifting of evidence and conflicting testimonies, muftis assume the facts presented by their questioners, which, obviously, can bias the answer. Moreover, a fatwa differs from a court judgment, or qada, not only in its wider potential scope—for instance, although ‘ibadat are essential parts of Islamic law, they transcend the jurisdiction of the courts—but because the qada is binding and enforceable, “performative,” while the fatwa is not. Instead, it is “informational,” and, while decisions of shari‘a courts usually pertain only to the specific cases they adjudicate, thus setting no legal precedents, fatwas are very often collected, published, and cited in subsequent cases.
Posted from Carlsbad, California
Ad-Free & Subscriber Log-In