What is a fatwa and does the Quran support it?

[miracle114]

Salaam all
What is a fatwa? Does the Quran support it and if it does then on what grounds can they be issued  by whom and what are the consequences of not adhering to them in God's eyes?

Kind regards and Jzk

[Athman]

Dear miracle114,

Salaamun alaikum,

From my humble view, 'fatwa' from verb 'fataya' in the Islamic legislative structure refers to a formal legal decree/order, divine sacred decree (4:127) or judgment/decision in a matter of law (27:32), consulted pronouncement/opinion/explanation/interpretation/instruction (12:46). See the reference [1] below.

As to who should give the divine legislative and sacred laws (e.g, 4:176), in my view, only Allah has that authority. For judgmental purposes (27:32), the injunctions should be laid out by the governing judicial council (42:38) in an Islamic state. For consultative advice and explanation of various religious things, including interpretations of dreams (12:41), the veracity and reliability of the one who can do so or who to do so with depends on individual assessment of the same. In the general, the Qur'an should be the primary reference and criterion (25:1, 5:48).

In God's eyes, I find failure in heeding the 'fatawa' in the context of 'divine sacred decrees' to have spiritual repercussions (2:38-39). As for denying 'judicial verdicts' over for instance legal retributions, I don't think one can spell a sweeping spiritual consequence over some victim. A number of factors would need to be considered in the wider scope, e.g, the state governing council (Islamic or non-Islamic), the faith of the victim, etc. See the article [2] below by Br. Joseph on 'consultative committees' - 'shura' in Islam.

Hopefully that helps a little in sha Allah.

Regards,
Athman.


REFERENCES:

[1]. LANE. E.W, Edward Lanes Lexicon, Williams and Norgate 1863; Librairie du Liban Beirut-Lebanon 1968, Volume 6, Pages 2336, 2337
[2]. CONSULTATION
http://quransmessage.com/articles/consultation%20FM3.htm

[Aijaz]

There are religious grand Mufti’s who issue Fatwa for various issues and write Books of Sharia/Masail. They give the impression that by following the Fatwa or their Masail/Sharia book,  the responsibility will be on the Mufti absolving the followers of the responsibility of making that decision. The below Ayat covers that issue:

29: 12-13  وَقَالَ الَّذِينَ كَفَرُوا لِلَّذِينَ آمَنُوا اتَّبِعُوا سَبِيلَنَا وَلْنَحْمِلْ خَطَايَاكُمْ وَمَا هُم بِحَامِلِينَ مِنْ خَطَايَاهُم مِّن شَيْءٍ ۖ إِنَّهُمْ لَكَاذِبُونَ وَلَيَحْمِلُنَّ أَثْقَالَهُمْ وَأَثْقَالًا مَّعَ أَثْقَالِهِمْ ۖ وَلَيُسْأَلُنَّ يَوْمَ الْقِيَامَةِ عَمَّا كَانُوا يَفْتَرُونَ

“And the people who did Kufr/covered said to the people who believed. “Follow our path, and we will certainly bear the burden of your faults.” and they shall not be bearing the burden of their faults. Certainly they are liars! They will bear their own burdens, and (other) burdens along with their own, and on the Day of Judgments they will be called to account for their falsehoods.”

https://topicsfromquran.com/2017/03/06/taqleed-to-follow/