The Formulation Of Fatwa: In The Light Of Development Of Islamic Expertise

Somya Sarswat, B.A. LL.B. (H.), Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand

Amalendu Mishra, Assistant Professor, Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand

ABSTRACT

The article approaches this matter by presenting a concise account of how fatwa-issuing has evolved across time, its theological basis, how it has fulfilled and continues to perform various functions of the caliphate and the mosque in different geographies, the contemporary challenges it confronts, and how to move forward. It illustrates the flexible interaction that exists between social contexts from the early Islamic period to modernity, while highlighting key turning points in history across these ages during which it interfaced with trade and commerce, technology, the ruling state and the needs of the wider Muslim community. Attention is drawn to the justification of and the increasing reliance on Muftis to interpret and address the needs of the people; the impact of the digitalization and globalization of thought driven by the proliferation of the Internet; the increased role of women in Islamic reading the Quran and Hadith; and how in modern times Muftis make use of concise bullet points rather than bulky texts. The essay promotes further research onto comparative legal studies on jurisprudence, the impact of the Internet in the changing times, interfaith relations in the modern period, and research on female scholars and their contributions through case studies towards empirically documenting and broadening the sources that address the anxieties of modern times.

Keywords: Fatwa, Muftis, Ijtihad, Taqlid, Usul al-Fiqh, Islamic law