Tuesday, December 28, 2010

fatwa

A fatwā (Arabic: فتوى‎; plural fatāwā Arabic: فتاوى‎) in the Islamic faith is a religious opinion concerning Islamic law issued by an Islamic scholar. In Sunni Islam any fatwā is non-binding, whereas in Shia Islam it could be considered by an individual as binding, depending on his or her relation to the scholar. The person who issues a fatwā is called, in that respect, a Mufti, i.e. an issuer of fatwa. This is not necessarily a formal position since most Muslims argue that anyone trained in Islamic law may give an opinion (fatwā) on its teachings. If a fatwā does not break new ground, then it is simply called a ruling.[1]

An analogy might be made to the issue of legal opinions from courts in common-law systems. Fatwās generally contain the details of the scholar's reasoning, typically in response to a particular case, and are considered binding precedent by those Muslims who have bound themselves to that scholar, including future Muftis; mere rulings can be compared to memorandum opinions. The primary difference between common-law opinions and fatwās, however, is that fatwās are not universally binding; as the Sharia is not universally consistent and Islam is very non-hierarchical in structure, fatwās do not carry the sort of weight that secular common-law opinions do.