Islam Watch

Conflicting Fatwas in Modern Muslim States: When Religious Authority Becomes Chaos

Introduction: A System Without Consensus

Fatwas — religious rulings issued by Islamic scholars — are supposed to provide clear guidance for Muslims seeking to live according to Islamic law (Sharia). But in modern Muslim states, fatwas have become a source of confusion, contradiction, and chaos. Religious authorities frequently issue conflicting fatwas on the same issues, leaving ordinary Muslims uncertain about what is truly "Islamic."

From whether women can drive to the permissibility of eating certain foods, fatwas vary wildly depending on the sect, the scholar, and even the political agenda of the issuing authority. This post will explore how conflicting fatwas undermine the credibility of Islamic law, create social divisions, and expose the lack of a unified authority in Islam.

1. What Is a Fatwa? Understanding Religious Rulings in Islam

1.1. The Definition of a Fatwa

A fatwa is a religious ruling issued by an Islamic scholar (Mufti) in response to a question about Islamic law.
Fatwas are based on the following sources:
- The Quran.
- The Hadith (sayings of Muhammad).
- The Ijma (consensus of scholars).
- The Qiyas (analogical reasoning).
A fatwa is considered an interpretation of Islamic law, not an absolute command.
However, in many Muslim societies, fatwas are treated as binding legal rulings, enforced by religious authorities.

1.2. The Diversity of Islamic Jurisprudence

Islam is divided into multiple schools of jurisprudence (fiqh), each with its own methods of interpreting Islamic law:
- Sunni Islam: The four main schools are Hanafi, Maliki, Shafi'i, and Hanbali.
- Shia Islam: The dominant school is Ja'fari (Twelver Shia).
- Ibadi Islam: A smaller school found in Oman.
Because each school has its own methods and interpretations, fatwas can vary significantly depending on the scholar’s background.

2. The Problem of Conflicting Fatwas

2.1. Contradictions Between Sunni and Shia Fatwas

Sunni and Shia scholars often issue directly opposing fatwas on the same issues:
- Temporary Marriage (Mut'ah):
  - Shia Islam (Ja'fari) allows Mut'ah as a legitimate form of temporary marriage.
  - Sunni Islam (all four schools) consider Mut'ah forbidden and label it as prostitution.
- The Celebration of Ashura:
  - Shia Muslims commemorate Ashura as the martyrdom of Imam Husayn with mourning rituals.
  - Sunni Muslims do not recognize these rituals and may even view them as sinful innovations (Bid'ah).
- Calling for Intercession (Tawassul):
  - Shia Muslims believe it is permissible to ask for the intercession of saints.
  - Many Sunni scholars (especially Salafis) consider this practice to be Shirk (polytheism).

2.2. Conflicting Fatwas Within Sunni Islam

Even within Sunni Islam, scholars frequently issue contradictory fatwas:
- Women Driving:
  - In Saudi Arabia, the Grand Mufti once declared that women driving is forbidden because it leads to immorality.
  - In Egypt, the Grand Mufti declared that women driving is permissible under Islamic law.
- Music:
  - Saudi Arabia’s Wahhabi scholars declare music to be haram (forbidden).
  - Al-Azhar University in Egypt allows music as long as it is "moral" and does not encourage sin.
- Banking and Interest (Riba):
  - Scholars in Saudi Arabia declare that all interest is haram.
  - Scholars in Malaysia and Turkey allow "Islamic banking," where profits are structured as fees rather than interest.

2.3. Conflicting Fatwas in the Same Country

Even within a single Muslim country, conflicting fatwas can create chaos:
- In Pakistan:
  - The Council of Islamic Ideology declared that DNA evidence is not sufficient to prove rape, requiring four male witnesses instead.
  - The Supreme Court of Pakistan ruled that DNA evidence is valid in rape cases, contradicting the religious ruling.
- In Egypt:
  - The Grand Mufti declared that interest on savings accounts is permissible because it is not considered Riba.
  - Al-Azhar scholars issued a fatwa declaring all interest to be forbidden.
- In Indonesia:
  - One group of scholars issued a fatwa declaring smoking to be haram.
  - Another group declared that smoking is permissible.

3. Why Conflicting Fatwas Are a Problem

3.1. The Loss of Religious Authority

Conflicting fatwas undermine the authority of Islamic scholars:
- Muslims are left confused about which fatwa to follow.
- Ordinary Muslims lose trust in religious leaders who cannot agree on basic issues.
- Even devout Muslims begin to question the credibility of Islamic law.

3.2. The Politicization of Religion

Fatwas are often used as political tools:
- Governments appoint scholars who issue fatwas that support state policies.
- In Saudi Arabia, the state-appointed Grand Mufti issues fatwas that justify the monarchy’s actions.
- In Iran, fatwas issued by the Supreme Leader have the force of law, even if they contradict other Shia scholars.

3.3. The Weaponization of Fatwas

Fatwas are sometimes used to incite violence:
- In 1989, Ayatollah Khomeini issued a fatwa calling for the death of author Salman Rushdie over his book "The Satanic Verses."
- In Pakistan, blasphemy fatwas are issued against anyone who criticizes Islam, leading to mob violence.
- Even peaceful Muslims are targeted when they are declared "apostates" by opposing scholars.

4. The Real-World Impact: Confusion and Chaos

4.1. The Case of Women's Rights

Conflicting fatwas on women’s rights create confusion:
- In Saudi Arabia, women were forbidden from driving until 2018, based on religious fatwas.
- In Malaysia, women can drive and work freely under a more liberal interpretation of Islamic law.
- In Afghanistan, the Taliban enforce a strict dress code for women, while in Turkey, hijab is optional.

4.2. The Case of Finance and Banking

Conflicting fatwas on Islamic finance create chaos:
- In Saudi Arabia, banks cannot charge interest, but they charge "fees" that function as interest.
- In Malaysia, Islamic banks are allowed to offer profit-sharing accounts.
- In Egypt, scholars disagree on whether savings accounts are permissible.

4.3. The Case of Religious Tolerance

Conflicting fatwas on apostasy and blasphemy lead to violence:
- In some countries, leaving Islam is punishable by death (Saudi Arabia, Iran).
- In others, apostates are ostracized but not killed (Jordan, Indonesia).
- In Pakistan, accusations of blasphemy often lead to mob violence, even if the state does not execute the accused.

5. The Verdict: A System Without Unity or Credibility

Islamic fatwas are supposed to provide clear moral guidance, but in reality, they create confusion, division, and chaos. Conflicting fatwas reveal the lack of a unified authority in Islam, the political manipulation of religion, and the inability of Islamic scholars to provide consistent guidance.

For those who value reason, evidence, and clarity, the system of fatwas is not a source of wisdom — it is a source of chaos.