A fatwa is a formal ruling or edict issued by a recognized religious authority on a point of Islamic law. The term can also mean "explanation" or "clarification." It is typically sought by a Muslim who is uncertain about how to handle a problem related to life, belief, or law.
As an example, consider a Muslim man who is unsure whether to accept a teaching position at a religious school or continue working in his father-in-law's higher-paying commercial business. In this scenario, the man may seek guidance from a recognized religious authority by requesting a fatwa, or expert ruling, on the matter.
Muslims often seek fatwas when they have doubts about how to conduct themselves or are involved in a dispute. They do this in order to stay in line with God's dictates and avoid jeopardizing their chance of entering heaven. The importance of adhering to righteous conduct and the potential consequences of straying from it, is significant to them.
A Muslim who is seeking a fatwa can seek guidance from a local religious leader, a group of Islamic law scholars known as ulama, who work together to make decisions, or from a reputable institution of Islamic learning.
Fatwas cover a wide range of topics including personal hygiene, marital relations, inheritance law, lifestyle, and allegiance to one's nation, therefore, the issuer of fatwa should have extensive knowledge of Islamic law and be familiar with previous fatwas that have been issued.
Muslims may wonder why they don't just consult the Quran for answers to their religious questions. The reason is that the Quran doesn't address certain issues, and different interpretations of its passages are possible, making it difficult for believers to determine which one is correct.
During the time of Prophet Muhammad, he was able to provide answers to religious questions. After his passing, Muslims sought guidance from members of his family and close associates. Forward-thinking followers compiled accounts of the Prophet's sayings and way of life, recording the source and credibility of these reports.
Many Muslim communities hold several collections of accounts called hadith in high regard. These records of the Prophet's sayings and actions are considered nearly as important as the Quran in providing guidance for daily life. Islamic jurisprudence and Sharia law use these collections as a reference.
Even though resources like the Quran, hadith, and law books are available, there are still situations in daily life that are not clearly addressed by these resources. In these cases, a fatwa may be sought. Fatwas give insight into the concerns, needs, and fears of Muslim individuals and communities.
Islam is made up of various branches and communities and lacks a centralized institution or a single recognized leader. This allows for different religious rulings to be made. Fatwas can either uphold traditional interpretations of Islam's sacred texts or allow for a reinterpretation of them.
Fatwas are not legally binding and Muslims are not obligated to follow them. The weight of a fatwa comes from the authority, trust, and respect given to the religious leaders, scholars or institutions that issue them. This authority gives them the ability to shape the religious and social norms of the community that requested the fatwa. Like any person in a position of power, those who issue fatwas can use or abuse their authority to make rulings for political gain.
Putting a case on hold
The case can be put on hold or withdrawn at any time during the process, but only before the Panel have made a final decision. The case can be put on hold for a maximum period of one year, as the parties may wish to reconcile. After this period has passed, a fresh application will be required.
Faskh
A Khul'a takes place when the husband consents to his wife's request for a divorce. If the husband refuses consent, Islamic law permits qualified scholars, judge and Imams to dissolve the marriage. This is known as Faskh (judicial dissolution).
Civil Divorce
If the couple have participated in a civil marriage, the Commission of Fatwa and Sharia Affairs only deals with Islamic marriage contracts and Islamic divorce contracts. It does not deal with Civil Divorce matters. Civil divorce cannot replace Islamic divorce, just as civil marriage does not constitute an Islamic Nikah. Marriage in Islam is considered to be a civil contract with a strong religious element.
Iddah (waiting period) for divorcee
The divorced woman is not permitted to re-marry during the period of the Iddah. According to the majority of Muslim scholars, the Iddah for Khul'a is the same as Talaq, which is three menstrual cycles or three months. But Abu Dawud, Tirmidhi and Ibn Majah have narrated Ahadith that the Prophet (saws) prescribed Iddah of one month only for Khul'a. We leave it to the conscience of each individual regarding which opinion to follow.
Iddah during pregnancy lasts until the pregnancy ends. According to 33:49 in the Quran, there is no Iddah if the marriage was not consummated.
Dowery (Mahr)
The Dowery (Mahr) is the gift given by the husband to his bride at the time of marriage, and it should be recorded in the marriage contract. In the process of Khul'a, the wife is usually required to return the Dowery (Mahr) if the husband ask for it. The scholars of the Commission will however take into consideration the length of the marriage, whether there are children, whether the husband supports his children financially and so forth before deciding on the issue of Dowery (Mahr). The scholars are guided by frequent exhortations in the Quran advising husbands to avoid greed and to part company with peace and goodwill.
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