Fatwa Review Panel

This panel is yet to be assembled. However, fatawa maybe sent for a review. 

By Ustaaz, Ahmed Fazel Ebrahim

Incorrect Fatawa

Fatawa, like issues within case law of secular legal frameworks, can be incorrect either due to incorrect inferences from other primary or secondary sources, failure in the  consideration of all associated facts which pertain to the matter or case that demands Islamic legal opinion and  an improper understandings or translations of the juridical material or  texts of the question. Likewise, the answer maybe correct and relevant to given facts within the question posed but incorrect in relation to the actual facts and details of the case.

Likewise, where particular scholars view and considered an  answer or the format of its deduction to be a  departure from given principles of their school of Islamic Law or any  particular school of Islamic Law, then the answer would be considered as relatively incorrect.

Often, to acquire juridical certainty, members of the Muslim public would correspond to various scholars and institutions in order to assure that the answer they receive is correct and within the purview of Islamic Law. Sometimes, they receive diverse answers purely because they have expressed different facts of the case to the the different institutions or persons who issue the fatwa. Sometimes, this is intentionally done due to various motives. Persons and institutions that have spent hours of mental labour and financial resources to respond to the person or parties wanting a religious edict would, because of such misinformation and its bearing upon the ruling or edict,  often become the target of verbal abuse and the subjective perceptions of the persons requiring the edict would reign upon the choice made in the acceptance of the various edicts. This has had disastrous consequences to family and social bonds and have led in the loss of financial and material interests of others. 

The adoption of scholars, within segments of Muslim society, as "Our Mufti" just as the secular law that allows a private attorney or advocate, instead of impartial and independent scholars of Islam who would listen to both the parties in civil, commercial and other cases as well as in personal matters has led the entire juridical nature of Islam that is an objective system to hold no value to the very persons claiming allegiance to Islam. In fact, this subjective treatment of juridical issues, is also adopted by institutions, Ulema and muftis since they would deny the inferential arguments of scholars who are considered external to the framework of their mazhab or religious allegiance even if such a view emanates from a Mufti who follows the very same school of juridical opinion.

Fatawa sent for review

Fatawa received by you from other scholars could be sent for a review with the understanding that we reserve the rights to restrict our answer to issues and matters within our purview and information. In such instances, we are not obliged in any way or format to acquire any associated and required information from other persons, legal or otherwise.

Fatawa Review Panel