Islam 101 is a series of diaries authored by various Muslim members of the Daily Kos community. Its purpose is to expand the knowledge of Islam and its various beliefs, concepts, and traditions, in order to combat the misrepresentations presented to the American people by the mainstream media, politicians, and others who have an interest in demonizing an entire religion.
In 1988, the author Salman Rushdie published a book entitled The Satanic Verses. In the book, there is a character called "Mahound," transparently based on the Prophet Muhammad (pbuh), along with allusion to an "Imam" in exile in the late 20th century. Due to the real-world events of that time, the "Imam" character was instantly recognizable as the Ayatollah Ruhollah Khomeini, a Shi'a Muslim scholar and the spiritual father of the Islamic Revolution in Iran, which had installed him as "Supreme Leader" after years spent in exile. Because of this reference, mostly, but also based on several blasphemous aspects of this novel, Ayatollah Khomeini issued what is known as a fatwa (please see Author's Note)condemning the author and calling for his death along with those who were involved in the publication of the book:
In the name of God the Almighty. We belong to God and to Him we shall return. I would like to inform all intrepid Muslims in the world that the author of the book Satanic Verses, which has been compiled, printed, and published in opposition to Islam, the Prophet, and the Qur'an, and those publishers who were aware of its contents, are sentenced to death. I call on all zealous Muslims to execute them quickly, where they find them, so that no one will dare to insult the Islamic sanctity. Whoever is killed on this path will be regarded as a martyr, God-willing.
In addition, if anyone has access to the author of the book but does not possess the power to execute him, he should point him out to the people so that he may be punished for his actions. May God's blessing be on you all.
Rullah Musavi al-Khomeini
For most of the West, this incident represents their first encounter with the Islamic concept known as fatwa. For this reason, the fatwa against Rushdie has come to define the word, in Western society, as a "death sentence" issued by an Islamic scholar. This is a very narrow and inaccurate definition that unnecessarily demonizes a simple word with a complex meaning.
The word fatwa literally means "opinion." In religious usage, it is a legal opinion sought by someone from a religious scholar. The person seeking the opinion is not required to implement that opinion, because a Muslim is expected to use his/her own conscience, which is a gift from Allah (swt), to determine if the fatwa is one they should follow or not, and he/she bears ultimate responsibility for that decision.
As Muslims, it is extremely important to us that any fatwa be supported by evidence from at least one of the four accepted sources. These sources are:
1) The Qur'an, which is the direct Word of God.
2) The Sunnah, which is the words and actions of the Prophet Muhammad (pbuh). Muslims live by his example as much as possible.
3) The consensus of current and previous scholars. As in US case law, we look to decisions taken on a subject in the past in order to inform our opinion in the present.
4) Ijtihad, (an extremely important and complex subject that deserves a diary of its own). Basically, it is a technical term of Islamic law that describes the process of making a legal decision by independent interpretation of the legal sources, the Qur'an and the Sunnah. Why "independent interpretation?" Because sometimes we encounter subjects that either have not been covered in fiqh (Islamic jurisprudence) in the past, or a situation has changed to the point that previous rulings no longer apply to current circumstances and thus need to be re-examined from a fresh viewpoint.
Properly, a fatwa is an Islamic legal ruling, issued by a mufti, who is an expert in Islamic law. This ruling can be on any subject, and is usually requested by either an individual or a judge to clarify an area where fiqh is not clear. For example, a pressing issue in the religious community, including Islam, is cloning. Is it halal, or permitted, for a Muslim scientist to participate in this research? This is the type of question Muslim scholars are asked to issue fatawa (the plural of fatwa) on. Since the end of the Ottoman Empire, there has been no central authority for issuing fatawa. In modern times, scholars make their decision based in part on the reasoning of their predecessors, much like US case law. Before he can be appointed as a mufti, a scholar must meet certain qualifications. I won't go into all of them here, but just one of the several requirements will suffice to show how educated he must be: He must be well-versed in the syntax, grammar, pronunciation, idioms, special linguistic uses, customs and culture prevalent at the time of the Prophet (pbuh) and the succeeding two generations. Just imagine for a moment the amount of study required to meet that qualification. Nor are the other qualifications much easier to attain. It takes much time and dedication, along with strong iman, or faith, and a certain strength of character to become a mufti.
In addition to the above, there is another type (or perhaps I should say level) of fatwa, one which is used every day in the Muslim world but holds less authority. Being a non-hierarchical faith, we have no priesthood in Islam. Leadership is determined by the local community, based on things such as the level of religious education, devoutness, ability to teach, etc. The basic level of leadership, and the one which Westerners will find most recognizable, is the Imam of a local masjid, or mosque. An Imam is a person chosen to lead prayers, and he traditionally also delivers the khutbah, or sermon, during juma'a, or Friday prayers. Like a priest, reverend, or rabbi, the local Imam is someone people take their problems and questions to. When they ask for his opinion on a subject, his answer is considered a fatwa.
The same applies for an Imam seen on television or even on Youtube when he issues an opinon on a subject. Recently, in watching some old videos, I came across one by Imam Suhaib Webb, a very popular Imam in America with a fascinating back story. In his video, Imam Webb talked of turning on the radio just to see what people are listening to. He bemoaned the lyrics he heard, but made clear that listening to music was halal, or permitted. He only advised Muslims to be aware of what they are putting in their heads with such lyrics, and how it affects their view of the world. That, ladies and gentlemen, was a fatwa. Because it is non-binding, nobody has to pay any attention to it. But those who choose to follow Imam Webb and respect his opinions may do so. That is how it works. For the record, other Imams have issued fatawa saying that such music is haram, or forbidden. When you have two conflicting fatawa, a Muslim is permitted to consider the evidence, if any, presented for each fatwa and choose which one he follows.
What is the difference between these types of fatawa? One difference between a fatwa issued by a mufti and a fatwa issued by an Imam is in the level of religious certainty behind the ruling. Obviously, because of his high level of religious education, a ruling by a mufti will be much more widely obeyed than that of the Imam of a local community. Another difference is the type of questions the fatwa answers. The Imam may answer questions pertaining to everyday life, such as marital advice, suicide counseling, advice to teens on issues all teens deal with, etc. A mufti, however, addresses questions of import to all Muslims worldwide. Can a Muslim member of the armed forces of a non-Muslim nation kill Muslim enemies of his country on the battlefield, if those Muslims are combatants? This is the type of deep and hugely important questions that a mufti must answer.
Despite its negative usage by right-wingers, media personalities, and mainstream politicians, fatwa is not a dirty word. It is not a "death sentence." It is an intrinsic part of the practice of Islam, and represents another word worthy of reclaiming by the larger Muslim community.
Abbreviations used in this diary:
swt = subhanahu wa ta'ala, which means "glorified and exalted be He"
pbuh = peace be upon him
These abbreviations are used by Muslims worldwide out of reverence and devotion, and should be understood as such.
DISCLAIMER: The information in this diary represents only the Sunni view, and is not necessarily reflective of Shi'a beliefs or practices.
Author's Note: The Khomeini fatwa was included in this diary only for its historical significance as the incident that first introduced most Westerners to the Islamic concept of fatawa.
With thanks to JDsg for his help with this diary. Jazakallah khair.