INTRODUCTION Basic Idea of this assignment is to explain the meaning of fatwa, why it is important and how social and

legal stories in fatwa have turned into pieces of jurisprudence. Assignment starts with the definition and history of fatwa. In this I have discussed about the basic term of fatwa, its development from medieval period till today and finally who can issue it. After this I have discussed about the importance of fatwa and how stories in fatwa have turned into pieces of jurisprudence, followed by a conclusion. FATWA Fatwa originates from An Arabic Word Afta means to describe or enlighten (plural fatawa or fatawi). Fatwa is a legal opinion issued by a mufti when he answers a specific question1.. In simple words it can be described as when a Muslim Mustafti consults a jurist Mufti on a problem Istifta with regards to law and In return, the Jurist gives his opinions Ifta on the matter and provides a solution to the problem. Fatwa were issued to individual Muslims of every status, including qadis and political authorities such as the caliph or sulta. 2 The main aim of fatwa is to solve a legal problem or provide guidelines in order to find an agreement for the parties concerned. Fatwa can be binding or non-binding depending upon the denomination of Islam. Islam has two denominations Sunni and Shia. For Sunni Muslims a

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Amalia Zomeno, The Stories in the Fatwas and the Fatwas in History(I.B. Tauris, 2008, 27-28) Muhammad Khalid Masud, Brinkley Messick, David S. Powers, Muftis, Fatwas, and Islamic legal Interpretation(Harvard University Press, 1996)4[3.08]

fatwa Is a non binding opinion, whereas for Shia it can be binding. In this article, we will consider Fatwa to be non binding for the inquirer or for anyone else. Usually Fatwa is issued at the request of an individual or judge where Islamic Jurisprudence is unclear. ISSUING OF FATWA Mufi is an independent jurist, qualified and competent scholar or a shariah advisor. He is a religious person and an expert in the field of fatwa. He is expected to analyze, research past fatwas and make rational decisions. As per (Ibn Khaldun, 1958, I: 452) Mufti provided authoritative advice to Muslims who were unfamiliar with detailed provisions of Islamic law or uncertain about behavior considered to be Islamic. Muftis role or personality is an important aspect in the process of fatwa as a harsh word or a dismissive gesture may send the individual away in resentment. A Mufti should be honest and sincere in telling people about his or her understanding of the rule derived from its sources. Fatwas issued should not be based on his own will or ideas; they should be in accordance with fixed precedent. Questions should be answered without preference and in the order in which they arrive. A mufti must be updated on his findings and opinions by constantly reading and doing research on various issues. As per (Al Nawawi, 1988:48) Fatwas may consist of one-word answers, such as true, false and permitted. When answering lay persons, muftis answers should be clear and concise. A fatwa can be termed valid only when it is taken from verses of Quran and hadith and agreed with other legal proofs. Therefore authority of opinions issued by the mufti as fatwas are considered as legal precedent.3 Mufti is seen as a human interpreter of Gods law, therefore his opinion may be considered higher than a judge (Ibnal-Qayyim al Jawziyya, 1969, I:38)

Amalia Zomeno, The Stories in the Fatwas and the Fatwas in History(I.B. Tauris, 2008)41[2.01)

HISTORY OF FATWA The first legal ruling was issued by prophet Mohammad(PBUH) as an intermediary between God and Muslims. On his death Muslims turned to his closest companions for guidance. Companions are the men and the women who interacted with the prophet and were best constituted to determine proper Islamic behavior.4 (Muhammad Khalid Masud, page 6, para 3). As time passed by and all companions died out, Muslims relied on Isnad. Isnad is a mechanism of transmitting knowledge of Quran and Hadith from one generation to the next. In second century, Muslims started following Ulamas for guidance, as these legal scholars had mastered the Islamic knowledge. With the progress with the time, Islamic Empire expanded and it was necessary to bring in a system of law, making fatwa a private activity and independent of state control. In todays time, all states have are independent having their own legislative system, own set of rules. IMPORTANCE OF FATWA Fatwas issued by Mufti in response to specific needs of muslim communities has led to the development of Shariaa.5 As per (Hayed, 1969:54) Fatwa is important not only to explain and apply law in complicated cases but also to state it to people who are not in a position to look up a law book by themselves.
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Muhammad Khalid Masud, Brinkley Messick, David S. Powers, Muftis, Fatwas, and Islamic legal Interpretation(Harvard University Press, 1996, 6-7) 5 Muhammad Khalid Masud, Brinkley Messick, David S. Powers, Muftis, Fatwas, and Islamic legal Interpretation(Harvard University Press, 1996, 4-5)

Fatwa giving is closely associated with human conduct, religious propagation and guidance activities. It is broader in social address and more specialized in religious issues. They help in understanding the Islamic law better by understanding the issues and opinions within it. Fatwas are used as an instrument for expressing shariaa views of major political events, when issued by the government, they serve as the ultimate statements of shariaa principles defining or supporting general policies. TRANSFORMING SOCIAL AND LEGAL STORIES IN FATWAS INTO PIECES OF JURISPRUDENCE To explain this I have taken an example of Nuclear fatwa: Islamic jurisprudence and the Muria
nuclear power station proposal by Richard Tanter.

Muria Nuclear power station was a plant which was supposed to be build on Muria peninsula in the north coast of Java. The fatwa issued condemning the nuclear power plant as Haram was given by the religious scholars present at the NU Jepara Bahtsul Masail. Building of the plant is forbidden as the nuclear power plant has both positive and negative aspects, the disadvantages predominate. As per the principle preventing negative aspects must take first priority as per the rule the rule daru al-mafasid muqaddam ala jalb al-mashalih Negative aspects of proposal were question of long term safe disposal and storage of radioactive waste, potential local and regional environmental consequences of the plants operation, lack of financial clarity and potential future costs and finally foreign dependence. Where as Positive aspects of the nuclear power plant were contribution to nations energy crisis, contribution to global warming and contribution to lowering electricity cost. The matter of

energy crisis is rooted to estimation and prediction. It has to be categorized as tertiary or extravagant needs and not primary or secondary. Islamic law is neutral towards nuclear energy; it is neither recommending neither forbidding. The decision to ban is based on norm of requiring that forbidding damage or negative consequences be placed ahead of obtaining benefits or positive consequences. For example in the Quran , alcohol and gambling may have positive aspects but in words of the Quran the sin is greater than its benefits. In Indonesia, fatwas are issued by four national level religious bodies. This fatwa is binding on the mufti who issued it and his followers. In context to Muria Nuclear power plant, the government and the people are responsible for the well being of its community, therefore it is binding on them and have an obligation to stop the development of the nuclear power station. CONCLUSION A fatwa is purely voluntary and should not be misconstrued to be a governing or regulatory factor. However, not all questions have to be addressed by fatwa. Fatwas should be used for matters which have religious implications and need a clarification from a religious stand point. Fatwas are considered noble when guiding and teaching mankind to follow the right path. They help Islamic enterprises in doing good and avoid evil.

REFERENCES
Richard Tanter, Nuclear fatwa: Islamic jurisprudence and the Muria nuclear power station proposal http://www.globalcollab.org/Nautilus/australia/apsnet/policy-forum/2007/nuclear-fatwa-islamicjurisprudence-and-the-muria-nuclear-power-station-proposal . Accesed on 9th May, 2010 Gregory C. KozLowlski, A Modern Indian Mufti. 242-250 Aharon Layish, The Fatwa as an Instrument of Accomodation, 270-277 Amalia Zomeno, The stories in the fatwas and the fatwas in the history, 25-47 Muhammad Khalid Masud, Brinkley Messick, David S. Powers , Muftis, Fatwas, and Islamic Legal Interpretations. 3-31 Rosemary Pennington, What is a fatwa, http://muslimvoices.org/fatwa-2/. Accesed on 8th May, 2010 Economicexpert, Fatwa, http://www.economicexpert.com/a/Fatwa.html. Accesed on 9th May, 2010 Mughees Shaukati, General Perception of fatwa and its role in Islamic Finance. Accesed on 1st May,2010