Human rights law and refugee law as the branches of international law are interconnected in such a multifaceted manner that their severance is not an easy task. In general, as a part of the international legal system both have to tackle increasing demands and expectations. The systematic approach reveals that both the refugee law and human rights law presents two concepts of public international law where practical responsibility of state sovereignty seems to be assorted from one to another. But the scheme of both the laws discloses a glaring difference between the two in terms that refugee law is limited and fractional one whereas human rights law is universal and comprehensive in nature.

3. Sehrish Saba, Nusrat Azeema
Critical Analysis: Islamic Legal
Interpretation, Muftis and Their
Fatwas
Introduction to Shari’a and Islamic Legal
History

4. Muftis, Fatwas And Islamic Legal Interpretation
This chapter is written by all the three editors of the book as
introduction to the volume and to create a background of the subject.
Islamic legal system of interpretation is based on two distinct
categories of legal interpreters, qadis (the judge) and muftis
(jurisconsult). In addition to courts, early Islamic jurists provided a
legal aid service in the form of legal consultants called muftis. In their
different venues, both qadis and muftis have specialized in handling
the everyday traffic in conflicts and questions falling within the
purview of the Shari’a[1]. Any Muslim could approach the mufti and
seek his expert opinion, or fatwa, on a question of Islamic law. The
fatwa was non-binding advisory opinions of the muftis but rest on the
high degree of authority that is equivalent to the recognized Anglo-
American legal mechanism of case law precedent.
This chapter explains the history and transformation of issuance
of fatwa traced back from the Quranic revelation on Prophet
Muhammad (s.a.w.) when one or more members of the community
or companion of the Prophet (s.a.w.) approached the Prophet
(s.a.w.) and ask for clarification of certain issue over which the
Prophet (s.a.w.) sometimes wait for revelation from Allah almighty
(known as quranic text) or sometimes without awaiting the reaction
of the divinity, responds immediately (known as hadith).
In 632 A.D after death of the Prophet (s.a.w.), Muslims turned to
the companions of the Prophet (s.a.w.) for their guidance in new
issues arising due to the expansion of Islam and Muslims beyond the
boundaries of Arab. Approximately one hundred thirty companions
functioned as muftis during the seventh century. Among others,
some renowned muftis of that time were Mu’ad bin Jabal, Zayd bin
Thabit and Ibn-e-Abbas.
After the death of companions of the Prophet (s.a.w.), the era of
ulama (scholars) and fuqaha (jurists) came. In Mecca, Madina,
Damascus, the Yaman and other countries eminent scholars like al-
sha’bi, al- zuhri, makul and tasu generated discrete legal materials
that were used by subsequent generations of scholars to create the
fully developed system of Islamic law. This special class of scholars

5. acquired religious authority analogous to that exercised by the
Prophet (s.a.w.). They were called as human interpreters of God’s
will on earth.
Under the heading of institutional manifestations history of futya
(legal consultation) is discussed. Initially futya or legal consultation
was a private activity of the mufti or jurist but gradually in some parts
of the world the activity of futya acquired a public and official nature.
During the period of Umayyad, muftis served as legal consultants for
judges and issued fatwas at the request of provincial governors as
well. In the second half of the tenth century, process of collection of
fatwas of the muftis began to appear and continued. This fatwa
collection was classified mainly as sunni fatwa collection, which was
further divided into hanafi, malki, shafi’i and hanbali’s school of legal
thoughts and shi’is fatwa collection consistent of ja’faris school of
thought. As the demands of fatwas increased the official department
for issuing fatwas known as office of shaykh-ul-Islam was establish
during the Ottoman period (1516-1918). The fatwas issued by the
shaykh ul- Islam were systematically recorded in registers, and those
issued by certain distinguished shaykhs were collected in book form
as well.
Under the division of adab al- mufti not only qualifications and
status of muftis is defined but basic identity of mufti, the formal
requirements of this position and character of the interpretive relation
between muftis and questioners is also discussed.
Under the heading of modern muftis, the changes and
transformation in the character of muftis and issuance of fatwas is
been discussed according to which one of the fundamental change
having direct impact on muftis is the transformation in the essential
character of knowledge and its means of transmission. Shari’a or
fiqh has been largely displaced by secular subjects, derived from
western model. Study of fiqh is removed from Islamic institutes or to
specialized law schools where it competes with offerings in western-
style law. Educational systems are now producing lawyers and law
professors instead of muftis. Codifications powerfully harnessed the
Shari’a materials. Interpretive authority has been passed from the
hands of individual jurists and muftis to the collective bodies of
national legislatures.

6. In recent years, fatwas has become a media phenomenon, for
example, in cases of assassination of Anwar al- Sadat and the
condemnation of sulman Rushdie. Scope of the modern fatwas
appears broader in social address, religious issues and family law as
compared to strict legal issues. The concept of istifta (request for a
fatwa) is also altered with popular concept of referendum or
plebiscite.
[1] Islamic law

7. Ifta’ and Ijtihad in Sunni Legal theory: A Development
Account
This chapter of the book is about Ifta’[1] and Ijtihad[2] in sunni
legal theory: a development account. Islamic legal theory always
worked for the establishment of the principles and precepts to
govern the procedure of Ijtihad or legal interpretation. The institution
of ifta’ and mufti are deeply concerned with the process of
transmitting the outcome of Ijtihad to the people. So, the question
arises here is whether the mufti had to be a mujtahid or not? To
answer this query the writer of the book presented views of different
scholars of the different era and tried to demonstrate us the gradual
transformation to this idea that whether a mufti must have the
qualities of mujtahid or any person can give fatwa?
The writer began from the eighth century with the views of al-
Shafi’i (d. 820) who does not expressly mentioned this fact that mufti
must be capable of Ijtihad but the criteria presented by him clearly
indicated that a person less than mujtahid can not be a mufti or
cannot give fatwa. According to al-Shafi’i qualities of knowledge in
which one must be proficient in order to qualify as a mufti include
skilled knowledge of the quran, of the Prophet’s (s.a.w.) sunnah, the
Arabic language, the legal questions subject to consensus and art of
legal reasoning (qisas).
Uptill tenth century, the scholars were having the same views
regarding the mufti. Abu al- hasan al-basri (d. 1044) maintains the
views of al- shafi’i and clear this thing that ifta’ means the exercise of
Ijtihad and nothing less than this. Al- basri was deeply against the
muqallid[3] to practice ifta’ because as per his view logical
conclusion and the aftermaths of allowing a muqallid to practice ifta’
would be severe. He does not give a muqallid status of more than a
layman.
In eleventh century majority jurists maintained directly or
indirectly the same view that Ijtihad is a prerequisite for giving fatwa.
The jurists of this century followed the footsteps of their

8. predecessors in affirming that to be a mufti is nothing short of a
mujtahid.
In twelfth century an interesting change and gradual
transformation to this view is found. Al- amidi (d.1234) presented the
view that a mujtahid within a legal school (mujtahid fi’l- madhhab),
who is knowledgeable of the methodology of the independent
mujtahid whom he follows, and who is capable of deriving rules in
accordance with this methodology and defending his position in
scholarly debates, is entitled to practice ifta’. Ibn al- hajib (d. 1248), a
younger contemporary of al- amidi, goes further by presenting the
view that a jurist who is not himself a mujtahid within the legal school
of mujtahid (mujtahid fil-madhhab) is entitled to issue fatwas if he is
knowledgeable of a madhhab and is able to reason properly. Ibn al-
salah al- shahrazuri (d. 1248), contemporary of ibn al-hajib takes
another step in articulating the change. He divides the muftis into two
kinds as independent mufti, the one who follows the teachings and
methodology of no one else and who has established his own legal
school (madhhab) and muftis who are not independent. Ibn al- salah
further divides those who are not independent muftis into four kinds
as per their descending degree of knowledge.
By the middle of thirteenth century, it seems common to allow the
muqallids to occupy the office of ifta’. Ibn abd al- salam (d. 1261)
issued a fatwa on the query that who is entitled to issue fatwa. Al-
salam maintains that if a mufti does not meet the requirements of
absolute Ijtihad, then he may be a mujtahid fil- madhhab, he may still
issue a fatwa on points of law where he feels, beyond any shade of
doubt, that he is competent. Ibn daqiq al- id (d. 1302) gone further
and maintained that it is sufficient if the mufti is just (adl) and is
knowledgeable of the school of the mujtahid whom he cites in his
fatwa as in times of ours it is difficult to have fatwas on the basis of
ijtihad. The great majority of subsequent theoreticians maintained
the same concession for mufti- muqallid.
Through this chapter the writer demonstrated from Sunni school
of thought the development in the institution of issuance of fatwas in
relation to qualification of the muftis to issue fatwas in changing
situations.

9. [1] The act of issuing fatwas
[2] Independent reasoning; authentic scholarly endeavour
[3] Practitioner of taqlid; a person who follows school doctrine
because he is not qualified to engage in deductive and analogical
reasoning

10. Learning at Mosques in al- Andalus
This chapter refers to first fatwa of the book underhand. The
scheme of the writers to present the fatwas from chapter three to
onward is that first, writer explained the context to which the fatwa
presented by him belonged, then translation of fatwa is given in the
form of question and answer which is followed by analysis of the
fatwa by the writer.
Chapter three is containing a fatwa regarding the learning at
mosque in al- Andalus. In the start, writer discussed pivotal role
played by Mosques in the lives of Muslims. The query raised in the
fatwa deals with the issue of Mosques to be used as public place. In
two short paragraphs the writer presented the views of the judicial
advisors (muftis) that teaching in mosques and gathering there to
discuss religious knowledge must be permitted. The only authority
quoted is Malik bin Anas, as in al- Andalus teachings of Maliki school
of thought was prevailing.
The writer also presented the disagreement of Ibn Sahl with his
predecessors a view came after two centuries of above mentioned
view. He presented a different opinion over the same topic. Ibn Sahl
argued that general permission to assemble in the mosque should
be restricted to very specific cases, such meetings should be
allowed only when they are led by knowledgeable and trust worthy
people. For Ibn Sahl, Muslims ought to meet in mosques only if they
were properly directed by someone not likely to arose dangerous
emotions. As, at that time such gatherings were increasing towards
which Sahl pointed out, but two centuries earlier, scholars had not
even considered this possibility, and they accepted and
recommended assemblies of learned people in mosques.

11. Caliphal Legitimacy and Expiation in al- Andalus
The chapter underhand is related to Caliphal legitimacy and
expiation in al- Andalus. In this chapter writer has discussed three
cases about the appropriate expiation in cases of transgression and
the fatwas of eminent scholars of Maliki school of thought over the
issue.
The writer has discussed different forms of expiation allowed in
Islam and presented the views of muftis in cases of specific nature
discussed in the chapter along with the reasoning of the muftis to opt
for only one form of expiation which is fasting. According to writer,
the reason to suggest this form of expiation is to purify the persons
involved and to deter them from falling again into transgression.

12. Ibn Taymiyya on Leadership in the Ritual Prayer
Chapter five presented the views of Ibn Taymiyya on leadership
into the ritual prayer. The writer commented it as popular fatwa in
truest sense because the question or mas’ala dealt in this fatwa is
for people in general and is of much importance for Muslim
community. The question dealt in fatwa was, concerning the four
school of law, whether to perform prayer under leadership of certain
people is permitted and disallowed for certain others and whether
invalid performance of the prayer on the part of imam affects the
validity of the prayer performed by the one being led, the ma’mum.
There is difference of opinion among the four schools of thought.
According to Hanafi, Shafi’i and Hanbali view the prayer of ma’mum
is not valid whereas Maliki view is that prayer of ma’mum is valid. Ibn
Taymiyya’s fatwa affirms the open and tolerant spirit that existed
within the confines of the four Sunni schools.

13. Use And Abuse Of The Law: A Mufti’s Response
This chapter refers to the issue of use and abuse of the law: a
mufti’s response, in which fatwa of Taqi al- Din al- Subki is translated
and analyzed. The fatwa discusses the adab al- mufti i-e rules,
regulations and restrictions which a mufti has to follow while giving
any fatwa. According to which muftis were not expected to verify the
facts of the cases about which they were asked to issue fatwas.
They are only expected to provide a precise answer to the question
asked to him. They are advised to incorporate in their response all
relevant information about the case. Muftis must insure that their
written fatwas would stand as autonomous and self-explanatory texts
and must be in particular context, justifying its problematic character.

14. Dhimmi Women and Mourning
In chapter seven writer states about dhimmi [1]women and time
period of her mourning, as the Muslim woman has to observe certain
limitations. A man from Tripoli (now known as Lebanon) sent a query
to Taqi al- Din Subki to give fatwa. Al- Subki was popular jurist and
was known for his interest in the application of principles of Islamic
law to the status of non- Muslim, may be this is the reason that the
same question was put to him by the questioner.
The mas’ala in the fatwa mentioned in this chapter was whether
dhimmi women is the believer of God and the day of judgment and
comes under the hadith of Prophet (saw) according to which she
was to observe mourning of three days except for her husband for
whom she has to mourn for four months and ten days.
Jurists noted that Quran does not limit the application of the
widows idda’[2] to believer women only. According to al- Shafi’i free
women either Muslim or dhimmi, old or young, all are in equal status
regarding ihdad. Modern jurists also observed that anything
obligatory on Muslim women is also to be followed by dhimmi wife
and she is also expected to observe idda’.
In his answer to the question al- Subki changes the order of the
clauses , addressing the claim that dhimmis are believers before he
addressed the interpretation of hadith dealing with ihdad and
maintained his view that dhimmi women are bound by the hadith.
The write through this fatwa presented an example that a mufti
can even go beyond a moot question to address what he believes to
be an important issue. The writer concluded that for a mufti’s
expertise is especially valuable for defining the borders of Islam that
what comes inside or outside the concern of Islamic belief and how
to relate them.
[1] Islam allows the marriage of a muslim man and a free jewish
or christian woman, such a woman is called dhimmi women.
[2] Period of sexual abstinence, waiting period for a woman after
divorce or the death of her husband.

15. The Art of Legal Opinion: al- Wansharisi On Tawlij
This chapter is elaborating the art of legal opinion: al- Wansharisi
on Tawlij. Twalij means financial transaction between the parents
and children designed to circumvent the Islamic inheritance law. The
main focus of this chapter and fatwa including it is analysis of the
way in which Muslim proprietors attempted to resist the perceived
constraints of Islamic inheritance law and the manner jurists assisted
them in this endeavor.
Islamic law of inheritance places substantial constrains on the
freedom of a person to determine the devolution of his property. He
cannot bequeath more than one third of his property and cannot
made the same in favor of anyone who qualifies to be his legal heir.
The jurists taught that the inheritance rules take effect only on
property owned by the deceased at the moment they enter their
deathbed illness, and that proprietors are free to dispose of their
property in any way they wish prior to that moment. Similarly there is
no restriction on the amount of property that a person alienates
during his lifetime whether in favor of legal heirs or anyone else. This
type of transaction was designed by Maliki jurists with the name of
tawlij.
The mas’ala under the fatwa was whether a sale transaction
under consideration qualifies the status of tawlij and whether that
can be reversed/ claimed by the legal heirs. Al- Wansharisi rejected
the claim because it was not supported by the testimonial evidence.
Al- Wansharisi made no reference from Quran or Sunnah rather
situates the authority of his response in an impressive range of
Maliki sources that included doctrinal law books, treatises dealing
with legal formularies, earlier fatwas and court practices.

16. When Women Went to Mosques: al- Aydini on the
Duration of Assessments
This chapter is dealing with when women went to mosque: al-
Aydini on the duration of assessments. Duration of assessment is a
treatise of al- Aydini in which he attempted to describe the “life span”
of an assessment. In plain meaning, the phrase “duration of
assessment” refers to a ruling issued in response to an inquiry about
the licitness of some practice; once the ruling is issued the
presumptive status of the practice remains thereafter the same. This
principle is conservative that the ruling once issued would remain
generally effective and there is no need to opt for second ruling on
the same subject matter but if something becomes detrimental
subsequently al- Aydini argues that the earlier assessment is
revoked. This principle is flexible one and allowed a mufti to reinvent
the law if something leads to “deleterious consequences” (fasad). In
al- Aydini’s treatise the flexibility of Islamic law is clearly
demonstrated, but he argues that the mutability of the Shari’a can be
used in conservative and reformation way.

17. Child Marriage in Seventeenth- Century Palestine
Chapter ten states about the child marriage in seventeenth
century Palestine, the same practice was also prevailing in China,
Japan, India, Babylonia, Rome, Athens, among Jews and Christian
Europe during the middle ages along with pre-modern Muslim
societies. According to writer, the difference of the views between
pre-modern Muslim societies and modern western standards lies in
the definition of the childhood. The fatwa in the chapter is presenting
the sketch of Muslim marriage practice in Palestine during the
seventeenth century. The fatwa also provide an insight into the
different aspects of child marriages, the procedure involved, the
proportion of boys and girls involved, the ages of marriage partners,
the motives behind such marriages and the problems arising out of
it. It also reflects the social circumstances and daily happenings that
judges and muftis of the time had confronted.

18. Eleven Fetvas of the Ottoman Sheikh ul- Islam
‘Abdurrahim
Chapter eleven consists of eleven fatwas, given by the ottoman
sheikh ul- Islam’ Abdurrahim. Writer of the chapter while describing
the history of the fatwas given by sheikh-ul-Islams, mentioned that
from the half of the sixteenth century until the end of nineteenth
century, collections of the fatwas issued by sheikh-ul-Islam formed a
distinctive branch of legal literature. The compilers usually grouped
the fatwas under chapter headings. Each chapter consisted on
further headings and subheadings according to the subject matter.
Under the command of sheikh ul- Islam Ebassu’ud, in sixteenth
century the fatwa office was established as the issuance of fatwas
became a routine procedure during his time.
In this chapter, the writer discussed the fatwas from the compiled
collection of the fatwas of Abdurrahim, who held office as sheikh ul-
Islam from 1715 to 1716. This is illustration of series of fatwas
grouped together in the manner mentioned by the writer before.
The issue discussed under these fatwas is related to the legal
status of mother and child when a man produces offspring by a
female slave belonging to his wife. This status determination is an
important feature of Islamic family law.
Abdurrahim has eleven fatwas on this problem that’s why the
writer chose to give this name to the chapter. The salient feature of
Ottoman fatwas is their secrecy as the identities of original
questioner; the officials who drafted the question in its existing
format and the protagonists in the case are all usually kept secret.
Another feature of the fatwas of this era is their conciseness both the
questions and answers contain nothing except the essentials of the
case.
The writer very carefully pointed out the pros and cons of these
fatwas, according to his view the element of conciseness provided a
great clarity to the point of law illustrated in the fatwa whereas the
element of secrecy gave the generality to the fatwa which is
contradictory to the usual fatwas, which applies to particular cases

19. only. For a modern reader these two features are having drawbacks,
as these had obscured the processes whereby these fatwas came
into existence. This made impossible for the writer to comment on
the social and legal background of the fatwas with certainty
mentioned in the chapter.
The writer presumed the situations in which these fatwas may
had been forwarded by qadi / judge to the sheikh ul- Islam for his
opinion and put light upon the process of formation of legal
precedents in Ottoman law. The judgment given by the Qadi/ judge
was limited to the case at hand whereas, the fatwas had more
general validity and would provide Qadi with authoritative guidance
in similar cases in the future, means had precedential value.

20. The Fatwas Of Condemnation
This chapter is the start of early modern period which is part
three of the book. It contains the fatwas of condemnation. Fatwas of
condemnation includes those fatwas which are issued to banish the
troublesome elements intended to unravel the unity among the
Muslims and to drive them away from the right path.
The fatwa discussed by the writer in this chapter is about
Muhammad b. Ali al- Sanusi, a man who belongs to a group of those
who deflect the people from the true path and promote high
individualism and hatred toward taqlid[1]. This independence of
approach cast them in bad odor within the Ulema of their day. The
review of the charges levied against al- sanusi in the fatwa was
discussed in the chapter while divided into two principle categories
by the writer. One is that several of teachings of al- Sanusi are
denounced as dangerous innovations and the other is that some of
his ritual practices of the brotherhood were denounced as having
departed from the rigors of Maliki convention and pure path of
Islamic Shari’a.
The writer opines that the fatwa discussed in the chapter and
other fatwas of the same classification were result of weaknesses of
Ottoman authority and rapid rise of European activity in Africa, India
and the Middle East. According to analysis of the writer, through his
use of Ijtihad, which according to other ulema’s was not allowed after
its closure but in views of al- Sunasi was common property of all
Muslims of high learning, al- Sunasi tried to establish an entente
between Sufism and fiqh, but failed in his effort like his
predecessors, as his talents were not given value by the official
ulema’s of his time.
[1] Following the opinion of another within a madhhab, or school
of law

21. Fatvas as Asymmetrical Dialogues: Muhammad Karim
Khan Kirmani and His Questioners
Chapter thirteen is dealing with fatwas as asymmetrical
dialogues: Muhammad Karim khan Kirmani and his questioners. The
writer while giving historical background of the topic mentioned that
since the institutionalization of Twelver Shi’ism as the religion of the
Iranian state in the Safavid period (1507-1722), the ulema have been
a heterogeneous sector of society representing different theological
and political positions. Ulema not only saw frequent criticizing and
contending with one another on different theological issues but also
struggling to attain positions of authority.
In the sixteenth century, two groups emerged having
contradictory views regarding the function of mujtahid. One known
as Usuli’s were of the view that mujtahis is a guide for the community
and can apply his personal interpretation to the texts. Usulis were
more flexible regarding authority of the mujtahids, this flexibility
allowed the religious leaders of the time to express political opinion
and thus to influence the worldly matters. Whereas the other group
Akhbaris believed that the only authoritative sources are Quran and
Sunnah.
The writer discussed few fatwas of the Muhammad Karim khan
Kirmani and through these fatwas analyzed the historical and social
context of these fatwas along with evaluation about mufti i-e
Muhammad Karim and the Mustafi/ questioner who remain unknown
in these fatwas. These fatwas do not deal with theological issues
rather dealing with administrative proceedings of the Shaykhi
community. Through his analogical reasoning the mufti relocates the
coordinates of specific situation within an abstract system of rules
which provides material for further elaboration and expansion of the
system. Taken together, the asymmetries of such fatwas provide an
image of a complex, articulated and variegated society,
documenting, at local level, different languages, statuses, attitudes,
patterns of thought, and finally, lives.

22. Sacred Space And Holy War In India
This chapter contains the fatwa about “sacred space and holy
war in India”. the chapter is dealing with the controversy aroused in
late twentieth century when Hindu communist groups charged that
the Baburi mosque at Ayodha, near faizabad in the northern
province of Uttar Perdesh, India stood on the site of the birthplace of
the holy figure Ram, and that medieval Muslim rulers had
demolished the temple that used to commemorate that sacred spot.
Similar controversy agitated in 1850 in north India when the Sunni
Muslim activists of the time became convinced that the
Hanumangarhi had been built atop the site of an old mosque.
The fatwa discussed here is related to query whether Muslim had
a right to act independently of the state to redress the insult to Islam
that they felt the hanumangarhi represented. The answer to this
query is given in the form of fatwa by a shi’a jurist that without the
participation of ruler either he is customary law rule or Islamic law
ruler such actions are not permissible. The writer thoroughly
discussed all the social and political context of the issue along with
difference of opinion in sunni and shi’a thought towards the
controversy.

23. Two Fatwas on Hajj in British India
This chapter explains about two fatwas on hajj in British India.
The writer took two fatwas issued in the late nineteenth century by
the maulana Rashid Ahmed, the mufti on the questions posed by
Azizuddin, the questioner, related to hajj. The writer under different
headings like subject, rhetoric and sources, institutional context and
dissemination elaborated the topic and in the end mentioned in his
conclusion that these fatwas are broadening the issues not only of
religious obligations but also of moral opinion regarding a wide range
of customary practices, relevant to the attempt of the ulama to define
a purified and authoritative personal standard of faith and practice as
the foundation of individual and communal life.

24. Apostasy And Judicial Separation In British India
Subject of apostasy and judicial separation in British India is
discussed in this chapter. The writer discussed two fatwas related to
the issue of apostasy and its effect on the relationship of a Muslim
spouse. The questioner (musta’fi) approached mawlana Ashraf Ali
Thanawi for the fatwa on the issue. The writer elaborated the issue
by giving the translation to the fatwa given by mawlana Ashraf Ali
Thanawi, presenting the background to the issue in British India,
institutional development of this institution there, providing with the
doctrinal context of the issue and then finally in his conclusion he
analyzed the reasoning due to which mawlana Thanawi adopted the
aspects of Maliki Legal doctrine and amended the view presented by
Hanafi’s that apostasy annuls the marriage contract in favour of
judicial divorce.
The writer through these fatwas suggested that legal reform is
acceptable in Islamic law even if it is legislated by a non-Muslim
government if a semblance of continuity with the past is maintained
and if it is initiated through the institution of ifta’.

25. Are Wahhabis Kafirs? Ahmad Riaz Khan Barelwi and His
Sword of the Haramayn
Chapter seventeen is related to the topic of uniqueness of
Prophet (s.a.w.) and love to him (s.a.w.) which is inseparable from
the worship of Allah (SWT) and those who contradict this view are
infidel (kafir). The chapter is named as “Are wahhabis kafir? Ahmed
riaz khan beralwi and his sword of haramayn.
In 1902-03 Ahmed Riaz Khan Beralwi wrote a treatise in which
he issued the judgment of infidelity (kufr) on certain contemporary
South Asian Muslim Scholars of Islamic law. In 1906, when he went
to Haramayn on his second hajj, he submitted his work there before
some ulama’ with request to write testimonials (tasdiqat) in support
of his verdict of infidelity (kufr). After his return to subcontinent his
verdict and testimonials received from the Haramayn were published
as a fatwa entitled Husam al- Haramayn ala Munhar al- kufr wa’l
Mayn (the sword of the Haramayn at the throat of Kufr and
falsehood).
The writer through the headings of Ulama’ Responses to British
Rule in the late nineteenth century, the Ahl-i Sunnat movement and
its use of the term Wahhabi, the context of writing of Husam al-
Haramayn and Rhetoric and style of argumentation in Husam al-
Harmayn, presented and elaborated the full context of the fatwa
taken from the work of Ahmed Riza Khan Barelwi. The writer
concluded after thoroughly discussing the history and context of the
fatwa the Ahmed Riza Khan considers it the duty of ulama’ to
condemn the practices of those who act against the fundamentals of
faith and to declare them as kafir.

26. The Lions Of Qasr al- Nil Bridge: The Islamic Prohibition
Of Images as an Issue in the ‘Urabi Revolt
This chapter is about the lions of qasr al- nil bridge: the Islamic
prohibition of images as an issue in the urabi revolt. The fatwa taken
by the writer here for analysis and interpretation is part of collection
of some 13,500 fatwas issued by Grand Mufti Muhammad al- Abbasi
al- Mahdi of Egypt. Although the issues discussed in fatwa seems to
deal with purely religious question- namely the obligation to remove
images of human beings and animals- but the context in which it was
requested to be issued was of highly political nature.
The writer very briefly elaborated the function of the institution of
ifta’ along with powers and authorities the Grand mufti and muftis of
that era enjoys, their status and importance attached to their
fatwas.
The query (mas’ala) presented in the chapter is situated in the
context of Urabi Revolt, 1881 in Egypt. Urabi apparently wanted to
make a public gesture showing his Islamic zeal. This gesture took
shape of an attack on some statue placed in Cairo. The demolition of
this and some other statutes was a symbolic act that carried both
religious and political implications. To show that to destroy these
statues is not only agreed by all the schools of thought but also an
obligation of a religion on a Muslim ruler, Urabi, asked for a fatwa by
a Grand mufti.
The grand mufti replied that such images and statues are almost
forbidden and removal of the same legally obligatory. Similarly, it is
ruled out that images located at both ends of Qasr al-Nil Bridge
should be removed. But interestingly and differing from the fatwas of
the era, the Grand mufti wrote a supplement to the answer in which
he presented his political views to clarify the Urabi, that Grand mufti
did not want him to increase his legitimacy by posing as a Muslim
ruler, who is carrying out the commands of Islam faithfully. The
Grand mufti pointed out number of political and social evils which a
Muslim ruler must strive to eradicate from his Egypt and which
needed urgent consideration.

27. An Argument about How to Argue
This chapter is the start of fourth part of the book i-e the modern
period. It is dealing with a very interesting topic of an argument about
how to argue. Although the fatwa included in the chapter is regarding
the keeping of dog, cleanliness and uncleanliness of their saliva etc
but the query (mas’ala) sought for fatwa is dealing with more than
one kind of issue.
The fatwa in the chapter came from Kelantan, Malysia in the mid-
1930s.The writer elaborated the history, historical development and
establishment of the institution of ifta’ in Kelantan, Malaysia. The
chapter includes the details of majlis muzakara, took place in the
audience hall of one of the royal palaces of Kelantan on the issue of
keeping dogs etc. which was ended inconclusively upon which the
request for issuance of fatwa was made to clarify the matter. The
writer opines that this entire episode made him to conclude that this
was an argument about how to argue.

28. The Council Of Indonesian ‘Ulama’ On Muslims’
Attendance at Christmas Celebrations
Chapter twenty is related to the topic of “the council of Indonesian
‘ulama on Muslims’ attendance at Christmas celebrations”. The
chapter is dealing with an important social issue of the day and a
case study of Indonesia. The writer analyzed in the chapter how the
fatwas reflects broad social issues and how the emergence of the
fatwa is conditioned by its social surroundings.
The fatwa was issued by the Council of Indonesian Ulama’ (CIU),
an elaborate discussion is made out here about the misconceptions
among the Muslims that the Christmas celebrations are having no
ritual value and there is no harm in participating in these celebrations
as these promote tolerance and harmony among the people of
different faith. The ulema council was of the opinion that
participations in these celebrations could jeopardize the faith of
Muslims and promotion of religious tolerance should be carried out
through social activities, not in the area of theology and rituals.
Muslims are required to cooperate with the non- Muslims on the
basis of humanitarianism only. The chapter also included the
reaction of the Indonesian government, the pressure inflicted upon
CIU to revoke the fatwa and refusal of the CIU.

29. A Modern Indian Mufti
This chapter discusses about a modern mufti. Through this topic
the writer mentioned the settlement of legal disputes among Muslims
in India, which has two ways: firstly, they can either go to state-
sponsored courts where they are allowed to be governed by the
Muslim Personal Law which is a complex mixture of judge made
legal compromises blended from a few translations, text books and
precedent or secondly, they can opt for legal opinion from a mufti/
religious scholar known as fatwa.
The writer chose a fatwa on a mas’ala of endowment’s
custodianship and through this presented the analysis of the
observations of the individual mufti, the Islamic school he represents
and the ways both interact with ordinary believers in Hyderabad,
India. The writer took jami’a Nizamiyya to elaborate his research,
presented its history and development as a fatwa giving institution,
presentation and style adopted by the mufti of the jami’a and stuggle
of the mufti to maintain the authority of the jami’a which is ultimately
source of his own authority.

30. Mut’a: Regulating Sexuality and Gender Relations in
Post Revolutionary Iran
Chapter twenty two is dealing with Mut’a: Regulating Sexuality
and Gender Relations in Post revolutionary Iran. The writer is
discussing about temporary marriages known as mut’a marriages to
be taken as sexual license or activity of sexual control, the sunni
shi’a dispute over the issue and traditional versus modern concepts
regarding the issue. The writer presented firstly, the views of
Ayatollah Khomeini, a religious and political leader of the Iran in post
revolutionary era through his fatwas over the topic through which he
presented his idea parted company with the prevailing shi’a view
which allows women to arrange a mut’a marriage for themselves.
Secondly, the response of the president Rafsanjani in the form of
sermon cum- fatwa is presented who while ignoring the cultural
stigmatization of temporary marriage by Ayatollah Khomeini drew on
classical Shi’a religious law to sanction the contracting of a
temporary marriage.

31. The Complementarity of Ifta’ and Qada’: Three Saudi
Fatwas on Divorce
This chapter gathered three Saudi fatwas on divorce about the
Complementarity of Ifta’ and Qada: The writer initially presented the
process through which fatwas can be obtained from religious
scholars in Saudi Arabia either privately or through public agencies
established for this purpose. Then, writers choose three fatwas on
the topic of divorce but in different contexts as talaq by oath, talaq
uttered in anger and matter of pronouncement of triple divorce by a
single expression.
The writer presented the functional distinctions between the ifta
(issuance of fatwa) and Qada (issuance of judgment) as method of
applying law and as institutions. Investigation into both these types
of institutions could lead to results altering certain long- standing
western judgments about fiqh.

32. The Fatwa as an Instrument of Accommodation
This chapter is covering the topic of The Fatwa As an Instrument
of Accommodation. Here, the writer examined the use of fatwa as an
instrument to bring a semi- nomadic tribal society within the orbit of
normative Islam. Although it is the primary responsibility of the judge
(qadi) to apply the Shari’a to a nomadic, tribal society in the process
of becoming sedentary, the role of mufti became important where the
formalities of qadi’s office discourage the Bedouine from turning to
Shari’a for help in settling their disputes.
To illustrate the issue the writer took the Bedouine of the Judean
Desert who came under the jurisdiction of the Shari’a courts of
Jerusalem and Bethlehem and provided the history and historical
development of the institution of the ifta’ there. The Bedouine of the
Judean Desert resort to both qadis and tribal arbitrators for
settlement of their matters but in cases of personal status, the
arbitrators gradually has been superseded by the institutionalized
qadi.
In Jordan, muftis were linked to Shari’a courts and their status in
hierarchy of religious scholars was lower than that of the qadis. In
addition to appointed muftis, religious scholars (ulama) and jurists
(fuqaha) also served as muftis without appointment in their private
capacity.
The fatwa under discussion was taken from a mufti who was not
affiliated with an institution rather was acting in a private capacity.
Although the fatwa discussed with reference to Bedouin of the
Judean Desert is discussing about the matter of suspended
repudiation but the point of focus in the discussion remained the
utilization of the fatwa as an instrument to bring the Bedouin closer
to normative Islam.

33. Postmortem Examination in Egypt
Chapter twenty-five is related to issue of Postmortem
Examination in Egypt. While discussing the history of the topic writer
mentioned that prior to twentieth century, Islamic philosophy and
Islamic legal ethics were reluctant to discuss this topic and viewed
that human body is a trust and not a private property but once
postmortem became common practice throughout the world, Islamic
law could not remain indifferent.
The writer selected the fatwa given by Hasanayn Muhammad
Makhluf as represented example of Egyptian fatwas on the mid-
twentieth century medical issues, which according to writer can be
classified among those fatwas that helped to shape the national
consensus on the subject.
The writer concluded that Makhluf and other Muftis who
addressed the subject of postmortems engaged in complex legal
reasoning to discover references in the Quran, Hadith and Shari’a
indicating that God and His messenger gave preference to the
promotion of health over religious obligations.

34. Tantawi on Banking Operations in Egypt
This chapter is about Tantawi on Banking Operations in Egypt,
which is redressing the complex issue of banking operations. The
writer revealed the unique character of the fatwa issued by Tantawi,
as the general form and style adopted in the fatwa place it squarely
within the modern tradition of fatwa giving on the subject of banking,
sated with citations from both classical and modern jurists. The writer
concluded from the example of such a lengthy fatwa of Tantawi on
such a complex issue that mufti in the late twentieth century Egypt
recognizes the limitations of religious knowledge in the modern world
and acknowledge the necessity of acquiring of knowledge regarding
such modern issues.

35. Operation Desert Storm and the War of Fatwas
Operation Desert Storm and the War of Fatwas is the topic of this
chapter. The topic discussed under the chapter is different fatwas
issued on the Gulf crisis either to favor or disfavor the introduction of
American troops into the Arabian Peninsula on the occasion of Iraqi
invasion of Kuwait 1990. These fatwas were to address the query
that to seek help from non-Muslims and to form a coalition with non-
Muslims against other Muslims is legitimate in Islam or not.
The writer mentioned various fatwas issued to favor and disfavor
the situation but focused on the detailed and comprehensive fifty-
page fatwa of the mufti of the Arab Republic of Egypt, Muhammad
Sayyed Tantawi, according to whom there is no room for nation to
coexist; their role is to compete for righteousness rather than
domination, and to struggle to realize peace, security and the
common good.

36. Media Muftis: Radio Fatwas in Yemen
The last chapter is about Media Muftis: Radio Fatwas in Yemen.
The writer after analyzing and elaborating the position of the
conventional muftis and fatwa giving compared the method of those
with the fatwas prepared to be broadcasted on the Yemeni national
radio. The writer, by illustrating the fatwas broadcasted on radio,
very carefully presented and elaborated the differences between the
two methods of fatwa giving.
The writer concluded upon this new activity that these are
broadcasted for mass audience. The voice is no longer that of the
mufti himself but that of a professional broad caster. The new
technology has removed the fatwa from the nexus of immediate
human contact. The personal matter has become public here, in
much the same way that it has in the western media.

37. CONCLUSION
The book is an incredible approach to explain the institution of
fatwa and its use in Islamic societies to expand justice and to
redress the grievances in shortest possible time same as now west
is exploring for methods of alternate dispute resolution to have not
only expeditious but inexpensive, and just decisions to be within the
reach of all and for all.
The book very brilliantly explored the history, development and
gradual changes in the institution of ifta. The book introduces the
initial form of fatwa as an expert legal opinion practiced to settle the
complex disputes for which qadi approached the mufti for his expert
opinion. Despite the non- binding and advisory nature of the opinions
given in fatwas great sanctity and sacredness was attached to it.
Gradually institution of ifta’ has been politicized and socialized when
topics like gulf crises, banking operations, postmortem etc started to
be sought in fatwas.
The book is compiled in such an enchanted manner that the
reader swims with its flow in a very calm, enjoyable and beneficial
manner. It took the reader in its magnetism and introduces him
gradually with history and chronological position of this institution
then left him on the edge of rejuvenation, by giving him chance to
know media muftis or the fatwa giving with the use of technology.
Similarly, the book remained successful in drawing the attention of
the reader to chose this method of ifta’ as a method of alternate
dispute resolution (ADR) for which west is striving hard today.
It can be said without any doubt that the book is found as only
profound effort on the subject which is of historical nature and
despite its giving the glaring concepts on such a complex topic, to
some extent it failed to introduce practical and practicable approach
that can be utilized in today’s epoch. The book remained
unsuccessful in providing its dimensions, jurisdictions and interaction

38. with the existing legal systems of Muslims and non- Muslim societies
prevailing around the world.
The book is master piece and valuable effort by the contributors
around the world on such an affluent topic but its productivity would
only herald a new premise when the Islamic states would, not only
promote this institution but also utilize it as an effective method of
alternate dispute resolution (the slogan of west). In this conspectus,
it is now incumbent upon the Islamic states to renovate this
institution of ifta’ and to advance its practicability before the west.

39. Glossary
1. Adl A person of good character and integrity who
qualifies to serve as a witness in court
2. Dhimmi Islam allows the marriage of a Muslim man and a
free Jewish or Christian woman, such a woman is called
dhimmi women
3. Fatwas A fatwa is an Islamic religious ruling, a scholarly
opinion on a matter of Islamic law.
4. Fuqaha Jurists, experts in Islamic law (fiqh)
5. Futya Legal consultation; fatwa
6. Fiqh Legal doctrine(s), substantive law
7. Fasad Corruption, deleterious consequences
8. Hadith Narrative reports
9. idda’ Period of sexual abstinence, waiting period for a
woman after divorce or the death of her husband.
10. Ifta’ An act of issuing fatwa.
11. Istifta A request for a fatwa, the question itself
12. Ijtihad Independent reasoning; authentic scholarly
endeavor
13. Muqallid Practitioner of taqlid; a person who follows
school doctrine because he is not qualified to engage in
deductive and analogical reasoning.
14. Maslaha Benefit, common good, public welfare
15. Mujtahid A scholar who is qualified to exercise
independent reasoning (ijtihad)
16. Mustafi Inquirer / a person who requests a legal opinion
17. Mut’a Temporary marriage
18. Qadi Judge
19. Qada The issuing of a judgment, the act of judging
20. Shariah Islamic law
21. Sunnah Exemplary behavior of the Prophet Muhammad
(s.a.w) as presented in hadith

40. 22. Taqlid Following the opinion of another within a
madhhab, or school of law.
23. Twalij Financial transactions parents and children
designed to circumvent the Islamic inheritance law
24. Talaq Divorce by repudiation
25. Ulama Scholars
26. Usuli’s A Shi’a school of law in which the mujtahid serves
as a guide for the community

41. Text: Sehrish Saba
Images: Sehrish Saba
Editing/Proofreading: Nusrat Azeema
Layout: Nusrat Azeema
All rights reserved.
Publication Date: July 19th 2020
https://www.bookrix.com/-bdc0de515b141f5