Fatwa, like other borrowed Arabic terms, carries an assumed meaning, is draped in mystery, and leads to misunderstanding.

by Dr. Maher Hathout

Fatwa has entered the media’s vocabulary. Fatwa, like other borrowed
Arabic terms, (e.g., intifada, jihad, madrasa, sharia) carries an assumed
meaning, is draped in mystery, and leads to misunderstanding. Linguistically,
fatwa means “an answer to a question” – the question may
be rhetorical or actual. The answer represents only the opinion of the
person who offered it. In Islamic jurisprudence, fatwa means the opinion
of a scholar based on that scholar’s understanding and interpretation
of the intent of the sources of Islam, that scholar’s knowledge of the
subject in question, and the social milieu that produced the issue or
question. The scholar’s answer or fatwa is not a binding rule; rather,
it is a recommendation. The answer (fatwa) may be opposed, criticized,
accepted, or rejected. In addition, the answer (fatwa) may itself become
the subject of debate or questions.

In an egalitarian system such as Islam, a fatwa gains acceptance based
on the integrity of the person who offered the fatwa (in Arabic, a mufti),
that person’s knowledge of Islamic sources as well as knowledge of the
issue and of the social context that raised the issue. Any of the aforementioned
prerequisites may be challenged and the answer (fatwa) is an opinion and
that opinion may be incorrect. To consider a fatwa issued by anyone as
binding on all Muslims is a dangerous contemporary trend that merely stifles
Islam’s rich history of debate and dissent. Moreover, it would allow individuals
to claim authority over others by virtue of their supposed knowledge of
God’s will. The purpose of a fatwa is to offer an opinion, not to silence
discourse.