ON FATWA

Abstract

Fatwa is a Sharia-judicial solution, in other words, a response to a question, and is one of the oldest and most important Islamic judicial institutions. To issue a fatwa means to offer explanations and instructions for life in accordance with the ordinances of Allah. After Prophet Muhammad s.a.w.s. the issuing of fatwas gradually became institutionalized. This institutionalization, in turn, meant constant evolution of Sharia law and the interpretation of this law in a specific time and place. But the changing of fatwas to correspond with changes in time and place is a subject for Islamic Fiqh scholars, as satisfying the needs of modern Muslims means that certain traditional norms of Sharia law must be amended. In this article, the author examines some of these issues, including the development of fatwa as an institution, the form of fatwa, the differences between a fatwa and a court ruling, the possiblity of changing a fatwa, and the conditions needed for someone to become a mufti.