Fatwā - History

History

In the early days of Islam, fatwās were pronounced by distinguished scholars to provide guidance to other scholars, judges and citizens on how subtle points of Islamic law should be understood, interpreted or applied. There were strict rules on who was eligible to issue a valid fatwā and who could not, as well as on the conditions the fatwā must satisfy to be valid.

According to the usul al-fiqh (principles of jurisprudence), the fatwā must meet the following conditions in order to be valid:

1. The fatwā is in line with relevant legal proofs, deduced from Qur'anic verses and a hadith; provided the hadith was not later abrogated by Muhammad.
2. It is issued by a person (or a board) having due knowledge and sincerity of heart;
3. It is free from individual opportunism, and not depending on political servitude;
4. It is adequate with the needs of the contemporary world.

With the existence of modern independent states, each with its own legislative system, or its own body of ulamas, each country develops and applies its own rules, based on its own interpretation of religious prescriptions. Many Muslim countries (such as Egypt and Tunisia) have an official mufti position; a distinguished expert in the sharia is appointed to this position by the civil authorities of the country. But his fatwās are binding on no one: neither the state that appoints him, nor any citizen.