Yet a fatwa is nothing more or less than an opinion on a legal matter, the response to a question put to a mufti, or respondent. Although the term fatwa itself does not appear in the Qur’an, related verbs appear several times. On one occasion, the Prophet Joseph is commanded to explain or advise about Pharaoh’s dreams (12:43, 12:46); on another, the Queen of Sheba seeks guidance from her advisers (27:32). The most important uses, however, occur in contexts where believers are seeking guidance from Muhammad (istafta’) (4:127, 4:176, 12:41, 18:22). On two of these occasions, God “pronounces” or “advises” on matters relating to human social conduct: with regard to marital matters (4:127) and with regard to inheritance (4:176; also 37:11, 37:149). After the Prophet’s death, opinions on matters of religious and personal import were sought from his Companions.
Later, the process of seeking and receiving guidance became formalized as scholars were trained in law. Scholars have debated the qualifi cations necessary for a jurist to engage in ijtihad or independent legal reasoning. However, given the range of issues most frequently presented to muftis, those who are qualifi ed merely to give accepted answers according to their madhhab can handle many questions. In practice, most fatwas are sought on relatively minor and mundane issues—is my ablution valid if I’m wearing nail polish?—and answers are usually terse, often a simple “yes” or “no.” In cases where novel or complicated issues are at stake, especially where the audience is comprised of other scholars, muftis may respond with lengthy scholarly arguments akin to a lawyer’s brief or a judge’s decision. These fatwas will cite Qur’anic passages, hadith, and precedents from other jurists as well as material pertaining to social custom or circumstance. Despite the notion that the “gates of ijtihad” were closed in the eleventh or twelfth century, leading to centuries of stagnation in law, in reality legal change and development continued, with fatwa literature instrumental to this process. Fatwas from prominent scholars have also been critical in the drafting and reform of national legal codes throughout the Muslim world. But fatwa- giving today ranges from institutions such as the Dar al-Ifta’ in Egypt to the offi cial Saudi fatwa council whose authoritarianism has been forcefully critiqued by Egyptian- American legal scholar Khaled Abou El Fadl. Books of fatwas from this organization are widely translated and circulated.
Forums for the seeking and granting of fatwas have proliferated dramatically, and include syndicated newspaper columns, radio call- in shows, and online “ask- the- mufti” websites. While there has historically been an important minority of female jurists – unlike the dominant classical view that women could not serve as judges, there were no restrictions on female fatwa- giving, as fatwas are not binding—in the modern world few women are recognized as muftis. This has begun to change at the turn of the twenty- fi rst century, however. In addition to a group of Indian scholars, who are of the limited- mufti type subordinate to a male scholar, a group of fifty Moroccan women religious leaders (murshidat) are in theory as qualifi ed to provide the same type of religious guidance as their male counterparts. (The key difference is that they are not called imams and they do not lead men in prayer.) In 2006, the New York- based American Society for Muslim Advancement (ASMA) announced its intention to put together an all- female fatwa council.
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