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How Authoritative is a Fatwa?
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[quote]As far as I can remember the fatwah about Salmaan Rushdi came from the Imaam of Iran. I believe that since then it has been retracted. The fact is that satanic verses was a literary work and not a historical work. As always the response from muslim clergy and nation as a whole aggravated and highlighted the issue significantly. More recently we have had the fatwah from Osama bin laden against America. My personal thoughts are and these are my personal views only. Firstly, individuals like Osmam bin laden cannot announce fatwah for Jihad, as it is against the regulations of Jihad. i.e Jihad can only be called by an Islamic state and under specific situations like persecution of muslims, which is not happening in America. In the olden times if we had a unified single Islamic state and Caliph then perhaps one would assume that the caliph may consult a shura of muslim clergy and may announce a fatwah provided it was in accordance with the shariah we know. In todays world when we have multiple muslim states, sects and no unified leader of sunni faith, a fatwah could be passed for a country or a sect by their head, but a universal fatwah on behalf of 1 billion muslims is not possible. Shariah provides us with a hand full of regulations. In matters that fall in grey areas and in certain matters that have evolved since due to evolution of civilaziation we use Ijtahaad, Qazaa as individuals and sometimes the clergy will anounce fatwah for their followers and sects. As I understand ijtahaad is on individuals matters and fatwah may pertain to collective issues affecting people generally. I cannot see the regulations in Saudi Arabia applying in PK. The situation may be different in Iran or for that matter for Shiah muslims as they abide by the ruling of their imamas. For example. Zakah, as discussed in the time of Prophet Mohammad pbuh states the regulation about camel, sheep, cattle but there is no mention about hens or horses. We have to use ijtahaad and may rely on clergy of our faith to guide us. We may have a difference of view in different sects. Fatwah may however apply to a particular society or sect by their reputed clergy on a specific issue but in this age in sunni muslims is unlikely to be universal. What will be the authencity of a fatwah to take someone 's life in a non muslim world. My thougts are that firstly our religion states that we must abide by the regulations of the country we live in, provided we have no clash with Allah's commandments.i.e alcohol is legal in non muslim country but is against our religious belief. Secondly a fatwah would only be applicable in a muslim ruled country and not all over the non muslim world. Thirdly it must be in accordance with the shariah. To kill someone without trial for such an act I am not sure will be in accordance with shariah.[/quote]
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