Are modern Muslim fatwas (religious orders issued by leaders of Islam) fueling Islamic extremism?

No

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by Shakir Mumtaz

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Fatwa by modern Muslim and its implications.
Here are few things which one needs to explore and understand before the question could be tackled in general.

What is fatwa and what is its origin and definition? The definition of fatwa is "The legal guidance of a pious and knowledgeable scholar on any matter of Islamic law, based on Quran and Sunnah"
The most recent history of Fatwa could be traced back to Prophet Mohammad (Peace be upon him-Pbuh) who used to give decisive instructions in various matters of religious and social import.

First of all, what makes a Muslim modern Muslim? It is a term which has its connotations with the west. There are many Muslims who either are living in western countries or had lived, educated and then settled down back in their respective countries.

There is a class of Western/Westernized Muslims who, due to adoption or assimilation into the western culture or due to having been brain washed, during their educational pursuits, adopted/invented a twisted , watered down, softer or progressive view of Islam. This is primarily done to be compatible with the western values system and thinking process. All out efforts are made, wrong or right, to prove that Islam is very compatible and adaptable religion. Unfortunately the endeavor is based on false belief and conviction, due to lack of sufficient knowledge of Islam and inferiority complex, that the western values are far more humanistic and superior to Islamic values. This notion is constantly and relentlessly being perpetuated by the west that Islam and its value system is rudimentary, antiquated and too stringent to be practicable in the modern times. Often the death by stoning of the adulterers and cutting off the hands of the thieves and oppression of women, hijab (veil) are cited to justify their propaganda.

Then there is another class of secular ruling elites who have the similar mentality and are much more dangerous to the Islamic faith and its followers. The classic examples are Jamal Abdul Nasser of Egypt and Kamal Atta Turk of turkey. There are also some scholars influenced by the apparent glitter of the west such as Mohammad Abduh of Egypt with a famous quote- In Europe there is Islam without Muslims and in Muslim countries there are Muslims without Islam.

Kamal Atta Turk and Jamal Abdul Nasser had done a great deal damage to the Muslim Ummah (Community) by pioneering a new approach of secularism in the Muslim world whereby Islamic values and Shaira (Islamic jurisprudence) become secondary. The result is that today, out of 52 countries, there is not a single country which is truly an Islamic state with Shariah as its legal code.

Origin of Fatwa.
The verdicts given by prophet Mohammad (Pbuh), in various matters, are the most important secondary source of Islamic jurisprudence after the Quran. The paramountcy of verdicts given by the prophet (pbuh) is due to the fact that these were not merely his own Utterings but inspired or revealed to him by God.

After the demise of the prophet (pbuh) the tradition was passed onto the Khulfa-e-Rashedeen (the first four Caliphs) and then onto the the subsequent Muslims of highest knowledge of Quran and Sunnah, piety and integrity.

The scope.
The difference between these two sources of Fatwa is that the ones rendered by Prophet (pbuh) became the hall mark and yardstick to measure against and conformity with, with a universal application till the end of time. The verdicts (Fatawa) rendered by Khulfa-e-Rashedeen are followed reverently as a guidance in daily Life but can not supercede the ones rendered by the Prophet (pbuh) and may or may not be of universal application. Fatawa issued at the present time are generally much limited in their influence and some times even of localized application. These can even be challenged and rendered unacceptable by other Muslims having a differing persuasion and opinion. The scope of the fatwa has also been reduced only to matters and offence committed entailing religious repercussions and ramifications where there is no clear cut and direct injunction available in Quran and Sunnah..

Who can give a fatwa ?
As per the established tradition in Islam a verdict (Fatwa) can be given only by a person, known for his scholarship in the knowledge of Quran and Sunnah, highest degree of piety as a practicing Muslim, unblemished character, highest moral integrity and assigned to a position where he is demanded by the situation to render a Fatwa. The position could be that of a judge of Shariah court or Sheikh of some reputed Islamic seat of learning such as Jamia Al Azhar (university) etc to name a few.
An Imam of a mosque or religious scholar/leader or any person howsoever important but devoid of the necessary requisites can not issue a Fatwa.

The importance of rendering Fatwa ( giving a decision in favor or against) could be deduced from the instances in the Islamic history where the well renowned scholars of Islam refused to accept the most prestigious and coveted positions offered by the kings in their courts. Some of them were even killed for declining such offers. The reason behind their refusal was that these learned people were afraid of rendering a wrongful Fatwa or decision under the influence of the king or any other worldly considerations. They embraced the death willingly rather than the wrath of the God.

Decline and decay
The Fatwa were grossly abused by the subsequent dynastic Muslim rulers such as Abbasids and Umayyad
Fatimids, Ottoman and others. The decline and decay in Islamic way of life, where caused by Muslims own slumber was also, culminated due to crusades and burning down the libraries where the work of most eminent scholars of Islam was preserved. Egyptian, Spanish and most recently Baghdad archives and libraries are few examples of barbarity unleashed.
The abuse of power and lavish life style of Dynastic rulers created a need for population control . To legitimize their corruption and injustice they appointed Qadhis (judges) of their choice, disregarding the strict standards set for such positions, to get the verdicts of their choices meeting their requirements .
Which belittled the sanctity of the Institutions of Judiciary and their decisions ( Fatwa) rendered. Now a days a so called scholar, with little knowledge. issues a Fatwa against or in favor of any person or group for basal and mundane reasons or to usher support for his point of view or against some one else's.

Like in the case of Salman Rushdie of Uk, who committed blasphemy, publication of blasphemous caricature in Denmark and elsewhere, a serious debate at a broadest possible platform is needed to take an effective united stand rather than several Fatawa being issued from different quarters to kill him.

Now coming the core question of a modern Muslim issuing a Fatwa . If the definition of Modern Muslim is what is described above such a Fatwa would never ensue so there does not arise a question of any impact of it. Such a Muslim shall see every thing from the prism of mutual tolerance, freedom of expression subduing repressing and sacrificing his faith his inner feelings at the altar of being called civilized and cultured.

If it means a Muslim scholar of Modern times then it really depends on the issue on hand and how qualified is the person rendering the fatwa.

Our is peace Your is violence.
In modern times, violence is a subjective term, When Palestinian, Kashmiris, Bosnians, Iraqis, Afghanis and Muslims across the board are massacred by some western power or client state of the western power it is fighting terrorism. It manifests the spread of democracy and becomes a requirement of National security. It only becomes violence when few westerners or people of a client state are killed. We can veto countless resolutions which are against us or that of our client state demanding justice, restoration and restitution of oppressed, humiliated people at will, without even a shred of concern for people being slaughtered in Palestine in broad day light by the only proudly acclaimed democratic country in the Middle East.
Because it is not violence but our client state's right to defend its security from the people whose land it is sitting on. We can withhold and disrupt the (UN Sponsored) peace agreement ,with absolute impunity, from being adopted , while the slaughter of thousands of Lebanese at the hands of our client state continue, to achieve a political goal.

It is not the Muslim Fatawa but Western arrogance and disdain for the Islamic virtue based theosophy which creates violence. It is the Crusadic mentality of the west which is causing violence.

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