Can anyone shed some light on ‘Fatwas’? Their origin. Are they mentioned in Quraan or are they a part of Hadith? This might have been discussed before but I am a new comer. What, When and Where was the first recorded fatwa in terms of history?
Re: History of Fatwas
The word Fatwa is used at several places in Quran but the best ayah to understand the word is this ayah 4:127, in my opinion.
ويستفتونك في النساء قل الله يفتيكم فيهن
They consult you concerning women. Say, Allah has given you decree concerning them...
In Quran the word Fatwa is used for the following meanings
-A Decree
-To consult
-To ask for opinion
Legally and based on Islamic set of Laws(Shria) the "Fatwa" simply means the opinion of the court or the judges(Qazi/Quza). Since our courts are no more source of religious guidance and nowadays it is only providing opinions (fatwas) on secular issues, for the most part, the opinion on religious issues has fallen in the hands of religious scholars. So they issue opinions on matters concerning people in their daily life. Their opinion are based on Islamic law to the best of their ability.
This practice of forming opinion and issuing decrees has the been part of the Islamic judiciary system ever since formation of the islamic state in Madinah 1425 year ago. This court system was functional from Morocco to Indonasia and from Kazhkistan to Yamen until the early 19th century. The courts were the main source for opinions about the laws for all social , economical and religious matters. But the new system separated the religious aspect out of existing courts and the whole system collapsed. We can all see the results, the level of providing justice to masses in Muslim Majority areas has never been any lower thanks to the new dual court system adopted by almost all muslim countriers.
Anyway, in Pakistan we have the Federal Shria(Islam Law) Court, for providing opinions(fatwas) on different matters but not religious matters, and the FSC is basically subservient to the Pakistan Supreme Court.
Re: History of Fatwas
Does Allah give Fatwa?
Re: History of Fatwas
how wud u know if He gave one??
Re: History of Fatwas
^^
Pretty valid question! Even I (myself) am not able to know; Does this mean that He(Allah) can or can't give Fatwa ? :-)
Re: History of Fatwas
Yes, he is the source of all divine decrees (fatwas), if you just read the aya above it says...
...Allah has given you decree concerning...
Re: History of Fatwas
^^
Where is FATWA in this aya?
Re: History of Fatwas
Yar Had ho gai, just read the whole Ayay 4:127.
Re: History of Fatwas
Allah don’t struggle for His decree; (to make a decision). BUT our Ullema struggle in the field of religious studies; learn something and then make decision (Fatwa – decree) – This is the difference.
I am looking for it, whether Allah decree/decision is called FATWA or Qazaa. If both terms can be used then what is the difference.