Fatwa is the second most commonly used word for muslim bashing. The media tries to ridicule any issue of importance of the muslim community as explained by the Dar-ul-Uloom Deoband, thus creating an atmosphere where the muslim intellectuals are put on the defensive and are forced to give clarifications regarding the matter in question. Dar-ul-Uloom Deoband was established after India’s first war of independence in 1857. The aim was to protect India from the British and also protect Islam from the onslaught of the West. Even today Dar-ul-Uloom Deoband is working to kep India free from destabilizing forces. A report in this regard by Media Scan elaborates what a fatwa is, why it is given and how a Fatwa is obtained.
A fatwa by Shah Abdul Aziz Dehlavi about India being a non-Islamic country after the English invaded it in 1803, had sparked anti-British sentiments among Muslims from whose hands the governance of the country was snatched. The disciples of Shah Abdul Aziz, being the founders of Islamic seminary Dar-ul-Uloom, Deoband on the forefront, forwarded the mission of their teacher and to mobilise the anger against the English they continued issuing fatwas. Dar-ul-Uloom Deoband took practical part in the freedom struggle and it became one of the important centres which produced freedom fighters.
Fatwas made it mandatory for Muslims to fight the English and have India freed from the clutches of the imperialistic power. They had desired impacts on Muslims. Muslims fought, alone in the beginning, and continued laying their lives for India until it got freedom. Fatwas at the time were thought to be constructive. They helped India achieve freedom from oppression. But today history has conveniently been forgotten and the word Fatwa is degraded and made to look like some form of oppression.
The disciples of Shah Abdul Aziz, being the founders of Islamic seminary Dar-ul-Uloom, Deoband on the forefront, forwarded the mission of their teacher and to mobilise the anger against the English they continued issuing fatwas. Dar-ul-Uloom Deoband took practical part in the freedom struggle and it became one of the important centres which produced freedom fighters.
While fatwas issued on different issues pertaining to various aspects of life are in lakhs, but only some selected fatwas, which have a higher TRP value, are making news. The media tries to portray that the cause of backwardness in the muslim community is because they follow these fatwas, or they are backward so they follow these fatwas. The fact is that a muslim being God fearing would not take any step which is against the ruling of the shariat, which he believes are the rulings of God. The ulama who have studied this branch of Islam give their rulings in the light of these laws.
An unbiased analysis will clearly show that clerics never ever issue any fatwa prohibiting Muslims from walking shoulder to shoulder with the world as long as they abide by the Islamic commandments. Maulvis issue fatwa considering it a duty on themselves to guide every Muslim to what their religion demands in any situation. They are the religious leaders of the community.
Terms Used In Fatwa World
Istifta: A query by a Muslim seeking ‘religious guidance’ in certain circumstances, directed to Dar-ul-Ifta or any individual mufti
Dar-ul-Ifta: Literary ‘house of issuing fatwa’. In most of the major madaris, a separate department for providing religious guidance
Mufti: A madrasah graduate who completes an additional course of Ifta and is expert at Islamic Jurisprudence
Ifta: A course offered in some madaris after a student completes Fazilah (graduation) from any madrasah
Fatwa: A ‘religious guidance’ suggested by a mufti for a certain condition
Being fiercely protective of their religion Muslims have always differentiated between what complies with their religion, Islam, and what does not, before accepting any new requirement or situation that crops up in society. This characteristic of Muslims, especially those having religious background is seen as orthodoxy and a continuation of medieval age’s traditions. Muslims are thought to be conservative because they do not allow their women to be used as a show piece for material gains nor do they advocate the Stone Age way of life of covering their bodies with scant clothing such as tree leaves replaced now by rags of clothes and threads. Muslims don’t accept anything in which there is chance of going against the Shariat. Therefore the ulama are sought to give their opinion of lawful or unlawful as per their religious scriptures. This desire of the muslims to be correct in the eyes of their lord makes the corporate world angry as it harms its interests.
Muslims do not pay any heed to the demand by others to adopt a way of life which is not in accordance with Islamic law. The new question which has created a lot of interest in the media is “Can Muslim women in India do Govt. or Pvt. Jobs? Will their salary be Halal or Haram?” By this question itself the media has shown to the world that the muslim community is concerned that surviving in this competitive world will only be on the laws of the shariat. This question would not have been asked had Muslims blindly ventured into any field without caring for their religion.
Media influenced, but controlled, by corporate world, is always lying in ambush waiting for any issue helpful in instigating a campaign against maulvis, madaris and of course fatwas. It is maulvis and their orthodoxy that does not allow Muslims to accept whatever the corporate world keeping in view its material interests wants them to do.
The answer to the question (in other words fatwa) by the largest Islamic institution in India, Dar-ul-Uloom Deoband, supplied media with material which could serve its cause if a bit of spice was added.
While fatwas issued on different issues pertaining to various aspects of life are in lakhs, but only some selected fatwas, which have a higher TRP value, are making news. The media tries to portray that the cause of backwardness in the muslim community is because they follow these fatwas, or they are backward so they follow these fatwas.
No sooner do the news TV channels and dailies come across some fatwa, they hurry to portray it, twist it and make it breaking news. The media obsessed with breaking news and exclusives has dug up one at least one month old fatwa. (Fatwa was flashed on NDTV on May 11th, 2010 while it was uploaded on Dar-ul-Uloom website on April 04, 2010. It might have been even older as many fatwas were issued years back and uploaded on the website recently.)
Surprisingly, as usual, media did not care to contact the religious university from where the fatwa was issued, to seek explanation about it. Instead, anchors, editors and reporters best utilized their freedom of expression and added what the fatwa would have never meant. This was taken as a golden opportunity against fatwas and the spirit of journalism was buried under the opportunity for damaging the image of fatwas.
When issuing any fatwa, every word of the question is taken into consideration. With the changing of even one word the answer to that query (fatwa) changes, sometimes, completely. There is every possibility of misrepresenting a fatwa if the answer is analysed in view of what the question meant as a whole. In 2006 “Fatwa for cash” case, media had even ‘added’ some words to the fatwa, though it was exposed later.
While the latest fatwa of Deoband is silent about “Their (Muslim women doing government or private jobs) salary” being “Halal or Haram”, many English dailies and news channels did not hesitate to make headlines such as “Women’s earnings haram, says Deoband”, “Muslim women can’t work: Deoband”, Darul Uloom says Muslim women can’t work in public” and “Women working with men Un-Islamic: Deoband” etc. etc.
If they had gone through the original text of the fatwa (available on http://darulifta-deoband.org/viewfatwa.jsp?ID=21031) with unbiased eyes, such headlines would have not found any place. “It is unlawful for Muslim women to do job in government or private institutions where men and women work together and women have to talk with men frankly and without veil,” is the text of the fatwa. According to the fatwa, what is ‘unlawful’ is ‘working’ and that too not in every situation. It does not say anything about their earnings being halal or haram.
Muslims do not pay any heed to the demand by others to adopt a way of life which is not in accordance with Islamic law. The new question which has created a lot of interest in the media is “Can Muslim women in India do Govt. or Pvt. Jobs? Will their salary be Halal or Haram?” By this question itself the media has shown to the world that the muslim community is concerned that surviving in this competitive world will only be on the laws of the shariat. This question would not have been asked had Muslims blindly ventured into any field without caring for their religion.
Muslim women, if they do not violate certain Islamic rules are allowed to earn for their families. Hazrat Khadeejah, the wife of Prophet herself was a business tycoon of Makkah. Women are asked to abstain from such a work where they cannot observe those Islamic tenants. Like women, men too cannot do businesses related to alcohol, gambling ,intoxicants, etc. Men cannot adopt any profession in which they will be unable to abide by Islamic rules. Dar-ul-Uloom, too, follows this principle when issuing fatwa. But only the fatwas like “women’s earning” being halal or haram capture the media attention.
Things Misrepresented As Fatwas
(a) Social decisions by some Muslims in any case
(b) Private discussion between or among some Islamic scholars/ulama on any issue
(c) an article by any A’alim published in magazine or newspaper
(d) Sermon delivered by any A’alim on the occasion of Jum’a or in any public gathering
It is astonishing that debates were arranged and opinions were expressed and efforts to understand or to read the original fatwa were not made. The height of foolishness is that politicians, film stars, musicians and others are approached by media to express their opinions about fatwas. They do not know even the basics of Islam, let alone fatwas. If a question is directed to them as to what a fatwa refers to, surely they will come up with different contradictory definitions of fatwa using their freedom of expression. The media is making a big mistake by playing with the sentiments of muslims.
No sooner do the news TV channels and dailies come across some fatwa, they hurry to portray it, twist it and make it breaking news. The media obsessed with breaking news and exclusives has dug up one at least one month old fatwa.
The blind acceptance of news which the public is bombarded with 24 hours a day does not allow people to reason what the aim of the media is. Since there is a common myth, emanating from ignorance, that fatwas are the ‘diktats’ by muftis or maulvis, who want that the rest of the Muslims follow them, demands are made that fatwas be retracted.
In the views of the so-called intellectuals, not excluding the Muslim ones, fatwas are the ‘nonsense opinions’ by maulvis who do not have any business but to issue fatwas so that Muslims might be kept away from progress. Though, a person having common sense will ask why anyone would be against the progress of their own community.
The height of foolishness is that politicians, film stars, musicians and others are approached by media to express their opinions about fatwas. They do not know even the basics of Islam, let alone fatwas. If a question is directed to them as to what a fatwa refers to, surely they will come up with different contradictory definitions of fatwa using their freedom of expression. The media is making a big mistake by playing with the sentiments of muslims.
Maulvis are not there to only issue fatwas and fatwas are not their creation. They have a greater responsibility of imparting Islamic education to madrasah students. Many of them are engaged also in other businesses other than teaching. They are Islamic scholars and people who want to know about Islam or Islamic guidance in any issue go to them. It is not their business to prepare a fatwa on their own and then advertise it for publicity. Usually, unless a person approaches them seeking ‘religious guidance’ (fatwa) then a religious opinion to the matter (fatwa), is issued.
In Islam, the case with religion is that it is a complete way of life. It is not restricted to inside the masjid alone. Islam is a complete way of life from the cradle to the grave and it has guidance for every aspect in this life. Circumstances change by the passage of time and Muslims go through various new situations. A Muslim might be unaware as to how his religion guides in certain circumstances.
He/she approaches one who has in-depth knowledge of Islamic teachings and is expert at Islamic Fiqh (jurisprudence), seeking guidance. Maulvis or Muftis (who are entitled to issue fatwas) spend at least one quarter of their life learning the subjects that help understand Islam and its spirit. Whatever the religious guidance muftis provide have their origin in Qur’an or Hadith. They never say anything that does not have any base in both the origins, or which contradicts Islamic spirit.
Some prominent figures in the media with Muslim names are yet to receive public acceptance as being Muslim representatives as far as religious matters are concerned. If they say that there is no need for fatwas or that fatwas should be changed as per the worldly demand, no Muslim considers their talk worthy of importance.
In the views of the so-called intellectuals, not excluding the Muslim ones, fatwas are the ‘nonsense opinions’ by maulvis who do not have any business but to issue fatwas so that Muslims might be kept away from progress. Though, a person having common sense will ask why anyone would be against the progress of their own community.
If comparison is made, Islam has far more practicing adherents than any other religion. There still remains a curiosity among common Muslims to know what their religion says in any matter. It is they who ask fatwas with an intention to follow the religious guidance.
People from other religions are neither interested in religious guidance in every matter nor their present religions have complete guidance. By the passage of time and due to concoction and addition & deletion from religious seers, their original religion have been distorted (it has been accepted by thier scholars). They are envious of Muslims and want that Muslims, too, add and delete in their religion by themselves and so cannot claim superiority in preservation of religion.
The fatwas are subject to conditions. Change in circumstances results in change of fatwas. A Muslim having attained puberty is bound to observe fast in the month of Ramzan. But in the case he/she is in long journey (of a certain distance and period) the obligation does not remain for the time being and they may keep alternative fasts in other days. Sometimes, there was a common fatwa that prayer on loud speaker was invalid but now it has changed.
Likewise, a fatwa issued for a certain individual may not necessarily apply for another. Tragically, those liberals with Muslim names who have no interest in following even what commandments are directly abstracted from Qur’an and Hadith, are in the forefront against any fatwa. When an individual willingly approaches a mufti, he/she seeks guidance for himself and not for those liberals who claim oral sympathy for common Muslims in media. Fatwas are for those individuals who want to follow Islam using freedom to practice their religion offered by the Indian Constitution.
While most of the fatwas are for individuals, sometimes common fatwas for every Muslim and without any condition that someone approaches a mufti with query, are issued. This is the case in serious circumstances affecting the whole Muslim community.
The Deoband fatwa denouncing terrorism was in the wake that there had started a common allegation out of lack of knowledge about Islam that the religion breeds terrorism and encourages terror acts. Though the truth was quite opposite to what was being propagated, it was too much that even fingers were raised about Islamic teachings of peace. Deoband issued a common fatwa.
Whether they are common fatwas or fatwas for individuals, they constitute the commandments of Islam. Mullahs have never been nor are they in a business of issuing fatwas by themselves. What they do is to show guidance in the light of Qur’an and the life of the prophet (pbuh) to those Muslims who want to practice their religion.
All the propaganda against fatwas is meant for a greater cause of demonising those religious minded people who still follow the religious scriptures. Common fatwas played a crucial role, as mentioned earlier, in overthrowing the British from India. A voice raised in the shape of common fatwa receives greater response from the Muslim community and they unite to follow it. By creating doubts and dividing the minds of the muslims, over fatwas, is going to weaken the muslim communities resolve. The Muslim community will lose a crucial platform that unites it for any collective purpose.
Moreover, the reason behind targeting only Dar-ul-Uloom Deoband while opposing fatwa is that the seminary has recently issued a landmark fatwa against terrorism. The fatwa was welcomed by everyone. However, an atmosphere of hatred against the fatwas of Dar-ul-Uloom will discredit this fatwa. This will be to the advantage of those suppliers whose economy largely depends on supply of arms used by terrorists in different countries.
Who Is Entitled To Issue Fatwa?
Qur’an and Hadith are for all Muslims and they provide clear guidance. The right to read and understand them, like in rest of the religions, is not monopoly to only a section of Muslims. To avoid any situation where a muslim tries to analyse religious scriptures himself and deduce a ruling, certain criteria have been laid down to obtain a religious ruling. Only that person can issue a fatwa who:
(1) Has specialization in Islamic Fiqh (jurisprudence).
(2) Is aware of the current situations.
(3) Has spent a long time with an expert mufti learning how to write a fatwa. Then he/she did not cut off his/her study and continue working on the same subject (issuing fatwa).
(4) And is we well versed at following subjects:
(I). Fann-ut-Tafseer: Commentary of Holy Qurán
(II). Fann-o-Usool-it-Tafseer: Principles of Tafseer
(III). Fann-ul-Hadees: Hadees (knowledge of sayings and doings of Prophet Muhammad and what he approved by his silence.)
(IV) Fann-o-Usool-il-Hadees: Principles of Hadees
(V). Ilm-ul-Fiqh: Islamic Jurisprudence
(VI). Ilm-o-Usool-il-Fiqh: The Principles Of Fiqh
(VII) Ilm-ut-Takhreej: The fact of having ample knowledge to find out the same answer in old fatwa works (if there is possibility that question has already been asked) or to search the base for a new fatwa in Qur’an, Hadith and Fiqh works
(VIII). Ilm-ul-Mantiq: Logic
(IX). Ilm-ul-Falsafa: Philosophy
(X). Ilm-ul-Adab: Literature
(XI). Ilm-us-Sarf: The Science of Morphology
(XII). Ilm-ul-Maáni: Semantics
(XIII). Ilm-ul-Badee: The science of Rhetorical Figures
(XIV). Ilm-un-Nahw: The Science of Grammar/Syntax (Arabic)
(XV). Ilm-ul-Ishtiqaq: The Science of Etymology
(XVI). Ilm-ul-Bayan: The Science of Style (to expressing the various shades of a single meaning)
(XVII). Ilm-ul-Kalam: Islamic speculative theology
(XVIII). Ilm-ul-Jughrafia: Geography
(XIX). Ilm-ut-Tareekh: History
(XX). Fann-o-Ásma-ir-Rijal: Unique art of research on people who relates Hadees to establish their authenticity
(XXI). Ilm-ul-Akhlaq: Ethics/Morals
(XXII). Ilm-ul-Hisab: Mathematics
(XXIII). Fann-e-Qirat: Arabic Phonology
(XXIV). Ilm-ut-Tasawwuf: Sufism/Mysticism
By: Junaid Maseeh
junaidmaseeh@yahoo.com
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