We examine the role of religiosity on the financing activities in both Islamic and conventional banks in Indonesian provinces by using five different measures of religiosity: number of Islamic schools, hajj application, number of Islamic seminary schools, number of Mosques, and number of certified halal products. Based on regression analysis, the results show that both Islamic and conventional banks provide more financing in religious provinces. Religiosity also helps in reducing the volume of non-performing financing. Our the results are still qualitatively (...) valid after taking into account endogeneity issue that emanates from omitted variables (i.e., unobservable beliefs, ideas, and attitudes), and possible reverse causality between religiosity and the total amount of financing at the province level. (shrink)

Processes of rapid and truncated agrarian change—driven through expanding urbanisation, infrastructure development, extractive industries, and commodity crops—are shaping the livelihood opportunities and aspirations of Indonesia’s rural youth. This study describes the everyday experiences of youth as they navigate the changing character of agriculture, aquaculture, and fishing livelihoods across gender, class, and generation. Drawing on qualitative field research conducted in the Maros District of South Sulawesi, we examine young people’s experiences of agrarian change in a landscape of entangled rural, coastal and (...) increasingly urbanised spaces. We find that young people aspire to secure, modern, and salary-based work, while continuing to seek and sustain intergenerational farming or aquaculture-based livelihoods. Youth take advantage of increased connectivity to diversify their incomes, yet their dependence on mobility also introduces new forms of gendered and class based precarity such as insecure working arrangements, disruption to education and violence (especially for young unskilled women and youth from financially insecure households). Our study highlights the persistent conditions of precarity that many young people encounter in both rural and urban settings, while challenging assumptions that youth are uninterested in rural futures. (shrink)

Islamic Financial Institutions have recently witnessed remarkable growth driven by their holistic business model. The key differentiator of IFIs is their Shari’a-based business proposition which often requires some financial sacrifices, e.g. being ethical, responsible and philanthropic. It also requires them to refrain from investments in tobacco, alcohol, pornography or earning interest. For IFIs’ sponsors and managers, however, the key motivational factor for entering the Islamic financial market is not the achievement of Shari’a objectives through the holistic business model, but rather (...) the urge to tap this highly profitable market where customers are inclined to pay a premium for Shari’a compliance. In order for IFIs to be accepted by the market, their financial instruments need to be approved by Shari’a scholars, known for their integrity and expertise in Shari’a. One can therefore expect potential tensions between IFIs’ managers and Shari’a scholars. The purpose of this research is to probe the hidden struggle between managers and Shari’a scholars in pursuit of their respective objectives. The study investigates this phenomenon using grounded theory as a methodological framework based on data collected from three IFIs from two countries. The findings reveal that Shari’a scholars and managers of IFIs have divergent objectives, which creates incongruence of objectives at the strategic level. The findings illustrate the tension and latent struggle for Shari’a compliance, which has been termed as ‘Fatwa Repositioning’ resulting in four possible consequences: deep, reasonable, minimum and superficial Shari’a compliance. Fatwa Repositioning is the core category of this study, which exhibits how managers and Shari’a scholars struggle to position the Shari’a compliance of their institutions so as to best serve their respective objectives. Interestingly, Shari’a scholars are seemingly not always in control of what they are supposed to be controlling, i.e. Shari’a compliance. (shrink)

The Fatwā-house, which was within the body of Meshihat in the Ottoman Empire, gave answers to the questions posed to it by focusing on the Hanafi sect and the preferred fatwās of this sect for centuries. These questions and answers were also duly recorded. In this study, based on The Record for the Legal Responses of the Supreme Fatwā Office, which is registered at records numbered 378 in the Meshihat Archive of the Istanbul Mufti, one of the records containing the (...) answers given by the institution. It is an attempt to create an imagination about the scope and sphere of influence of the fatwā activity in the last period of the Ottoman Empire. Accordingly, in the last thirteen years of the state, Fatwā-house has been the addressee of questions from individuals, state and private institution directors, societies, ministries and the Grand Vizier. While some of these questions came from the provinces within the Ottoman borders or from the countries that had an administrative ties with the Ottoman Empire, some of them were submitted to the Fatwā-house by the Muslims of other states from the lost lands or simply because the caliphate center was the official fatwā organ. At the records, there is also a record of the questions coming from muslims who are Ottoman citizens but residing in other countries. Looking at the subjects, it was determined that most of the questions were asked about foundations. In addition, the permissibility of obtaining interest by bank facility or depositing money in the bank, the establishment of modern schools and whether the ways to create resources for these schools are permissible, whether teaching in Latin letters is possible, the provision of life insurance, the importance of cleanliness in the fight against cholera, the fight against innovations (bidʻas) in mosques. It is seen that questions on different issues, from issues such as whether the wife of the lost (mafqud) can be separated by the judge or not; to the issues of whether the fulfillment of judgment can be regarded as the end of the judgment or not. As it is mentioned in some fatwā records at the record book, it is obligatory to decide on fatwā and its fulfillment in the Ottoman Empire with the most authentic and preferred view of the Hanafi sect. The last two fatwā questions mentioned above are handled as examples of giving up the act with the will of the head of state, with the preferred fatwâs discussed in this article. It is only possible with the will of the head of state to make a decision with an opinion other than preferred fatwâ or an other opinion out of the sect. According to the first example, some of those of the citizens of other states outside the Ottoman Empire came to the Ottoman lands for reasons like trade etc. and married to Muslim women there and then left them suffering. This was also true for the wives of men who went to wars and did not return. Although the drawbacks of the Hanafi sect's preferred view, that one should wait until the age of ninety, one hundred, one hundred and twenty, or until the death of their peers, were resolved by appointing a regent from other sects, continuity could not be ensured in this practice either, finding people has not always been possible. For this reason, in the time of Shaykh al-Islam Hayri Efendi, a statement of change was prepared and submitted to the will of the sultan. In the issue of whether the signature of the head of state can be counted as the end of the judgment, another subject in which the will of the head of state is applied, the stages of abandoning the preferred view can be followed much more clearly. In the case of the dismissal of the judge or the expiration of the term of office before the execution of the judgment, especially in the distant provinces of the state, in the case of the judge's dismissal or the expiration of his term, according to the preferred view of the sect, which was based on juristic discretion, the closure of the cases took many years. It is seen that the judgment reached by analogy was submitted to the will of the sultan, with an article added to the script regarding the prepared procedure of reasoning, although there is no preferred view since it is the most suitable opinion for the interests of the people and the necessities of the century due to the increase in complaints. Effective from the time it was approved by the head of state, the execution of the sentence is no longer a requirement for the trial to be completed. The changes in the provisions of these matters also show that, although it was important for the Ottoman State to comply with the preferred view of the Hanafi sect - as in the previous Shaykh al-Islams' fatwās in the form of ma'ruzat - it was considered more necessary to look after the interests of the Muslims and different opinions were enacted and put into practice. (shrink)

Many issues in the Hanafī Madhhab are solved with the method of takhrīj. One of these issues is the subject of si'āya. Si'āya is that a person causes financial and bodily harm to other person by unfairly complaining to a cruel authority. A rich material has emerged overtime on the issue of siāyah, which was determined by using the method of takhrīj by comparing different usūl and furu issues within the madhhab. In the Ottoman period, it is observed that the (...) discussions and fatwās related to delation [si'āya] have increased. The subject of si'āya has been handled under the topics that concern many areas of fiqh, especially the law of obligations, criminal law and trial procedure. The Shaykh al-Islams made the view which muta'akhkhir ulama adopted about the compensation responsibility of delation, as a main principle used in analogy (qiyas) to solve problems in fatwas. Based on the principle, Shaykh al-Islams gave fatwās about new issues regarding delation. In this study, considering the mentioned issues, the contribution of Shaykh al-Islams and Hanafī scholars living in Arab lands to the issues related to si'āya will be revealed in the context of compensation responsibility. (shrink)

: The corpus of fatwa named as Bostānu Shaqā’iq al-Nuʿmān, recorded in the Veliyuddin Efendi section under the number 1414 at Beyazıd State Library. It has been ignored so far. Because of its name, it may be thought that it is a part of Tashkoprulüzāde’s book Shaḳā’iḳ-i Nuʿmāniyya, but it is a nuqullu fatwa collection of Babakūshī ʿAbdurrahmān Efendi. In the famous Shaqā’iq appendix Atā’ī, which gives information about the biography of Abdurrahmān Efendi does not mention the book (...) with this name. Abdurrahman Efendi who was from a family in Plovdiv region worked in different positions in Istanbul and Edirne. Then, he was appointed as a mufti to Kefe, Crimea. He died in 983/1576. There is no information about his scholarly identity in ‛Aṭā‛ī except being the intern of Abū l-Suʿūd Efendi. In this essay, first of all, the place of Babakūshī in Ottoman Islamic Law tradition will be determined, and the features of the manuscripts and some notes on the postscript will be studied. In assessment section, especially because of the notes on the manuscripts, it has to be studied in terms of Islamic Law literature and its place should be figured out in fatwa literature. Summary: Nuqullu Fatwa collections that included citations were the books that were created for people to have access to the ruling on legal issues of scholars who were appointed as Muslim judges or muftis together with their sources and background. Although there are several studies in the literature about fatwa collections with citations Babakūshī ʿAbd al-Raḥmān Efendi's book titled Bostânu Shaqā'iḳ al-Nuʿmān was not included in the literature. ‛Aṭā‛ī provides information about the life of Babakūshī Abdurrahman Efendi. Atâ'î explains that he climbed the stairs with the help of Baba Efendi and joined the special group of people with aptitude at the level of apprenticeship. Then he raised also to the level of being the intern of Abū l-Suʿūd Efendi. Later, Babakūshī ʿAbd al-Raḥmān started to teach. He taught as a teacher for three years in Istanbul and then became the Mufti of Kefe replacing Molla Akmal al-Dīn. Molla Ekmeleddin, who was better known as Ekmel Efendi, just like ʿAbd al-Raḥmān Efendi, was an apprentice of Abū l-Suʿūd Efendi and would later be transferred to Cyprus after the island was conquered. According to Aṭā‛ī, ʿAbd al-Raḥmān Efendi remained in that position which he was appointed as Ṣahn teacher until his death and died in Zilqāda 983/February 1576. The highest position that Babakūshī took among the religious scholars organization in the Ottoman Empire was being the Mufti of Kefe. As stated by ‛Aṭā‛ī, he was appointed as the Mufti of Kefe with the title of Ṣahn teacher. Instead of giving information about his teachers, ‛Aṭā‛ī mostly concentrated on Baba Efendi who was one of his relatives. Therefore we do not have information about his mentors/teachers. We can say that he belonged to the Ottoman school of scholars since he was an apprentice of Abū l-Suʿūd Efendi. The copy which is the subject matter of this study is registered as Veliyüddin Efendi with number 1414 at Bāyezıd State Library. According to our research, the copy which has 237 sheets is the only copy of the book. From the expressions of Babakūshī in the preface, it is concluded that the book was written close to his death. There are several notes written with different pens as footnotes of the book. Here, four of them which are considered to be more important will be identified.First: Notes written with the same pen as the main text. These are generally citations from books such as Tatarkhāniyye, Hidāya, ‛İnâya, Kashf al-Asrâr Sharḥu Manār.Second: are 'maṭlabs' i.e. important matters. Third: are relatively inelaborate notes. These were written by someone who we thought was not a copyist/calligrapher when compared with the general style of the book. Fourth: Warning notes which included some questions. These are generally in Turkish. The preface of the book, provides sufficient information about who the author was and the nature of the book. ʿAbd al-Raḥmān Efendi, with the intention of writing a collection, started to research taking into account imams' and shaykhs' nāsikh and mensūkh and he also considered sheikhs' explanations about what was definite and what needed caution and taqwa in practice. He recorded that this search lasted for 3 years and he referred especially to Fatāwa-yi Qādikhān and Fatāwa-yı Tatarkhāniyya within this period and additionally reviewed and studied Islamic Law books that he found in the Ottoman Empire. He described that he divided these into chapters and inserted subject matters in the footnotes. Then he described how he gave the title, Bostānu Shaqā'iḳ al-Nuʿmān to the book emphasizing especially bostan.This could be seen in the expression, Masīratan li'l-Qudāt. No reference was made to Shaqā'iḳ al-Nuʿmān in the title of the book. Probably he had his intentions due to the famous book titled Şeḳ' āiḳ-i Nuʿmaniye and his pupils). In the chapter which started with Fasl right after the preface the author said that fatwa would be issued based on the opinions of three imams, namely Abū Ḥanīfa, Abu Yūsuf and Imām Muhammed that their madhap was followed and their good morals were observed. Then, it was stated that the Mufti could issue fatwas according to the opinions of first, Abū Ḥanīfa, then Abu Yūsuf and finally Imam Muḥammed. It was also stated that if he could not find their opinions and had himself muctehid, he could give his ictihad. The Fatwa collection, Bostān, is an important work among the 16th century Ottoman books since it is an important scholar's book who had witnessed Islamic knowledge in the central Ottoman Empire and Crimean region. (shrink)

Protecting confidentiality is an essential value in all human relationships, no less in medical practice and research.1 Doctor-patient and researcher-participant relationships are built on trust and on the understanding those patients' secrets will not be disclosed.2 However, this confidentiality can be breached in some situations where it is necessary to meet a strong conflicting duty.3Confidentiality, in a general sense, has received much interest in Islamic resources including the Qur'an, Sunnah and juristic writings. However, medical and research confidentiality have not been (...) explored deeply. There are few fatwas about the issue, despite an increased effort by both individuals and Islamic medical organizations to use these institutional fatwas in their research.Infringements on confidentiality make up a significant portion of institutional fatwas, yet they have never been thoroughly investigated. Moreover, the efforts of organizations and authors in this regard still require further exploration, especially on the issue of research confidentiality.In this article, we explore medical and research confidentiality and potential conflicts with this practice as a result of fatwas released by international, regional, and national Islamic Sunni juristic councils. We discuss how these fatwas affect research and publication by Muslim doctors, researchers, and Islamic medical organizations.We argue that more specialized fatwas are needed to clarify Islamic juristic views about medical and research confidentiality, especially the circumstances in which infringements on this confidentiality are justified. (shrink)

For more than a decade, Iran has been referring to a fatwa issued by its Supreme Leader, Ali Khamenei, proscribing nuclear weapons. The fatwa, however, not only failed to influence the process that led to the resolution of Iran’s nuclear crisis, but also has been met with a good deal of skepticism. The most commonly held suspicions about the credibility of the fatwa can be summed up in five central questions: Has the nuclear fatwa actually been (...) issued? Does the fatwa apply to all the aspects of nuclear weapons including their production, possession and use? What is the juridical status of the fatwa? Was the nuclear fatwa issued only to deceive other nations? Is the fatwa really irreversible? This article tries to answer these questions by providing a chronological review of the fatwa and analyzing all the relevant statements by Khamenei. The analysis is conducted against the background of Islamic principles, Shi’a jurisprudence and the history of the Islamic Republic of Iran. The article concludes that the fatwa is a credible religious decree and could indeed contribute to the cause of nuclear disarmament. (shrink)

Fatwa is not only produced by a religious institution such as the IndonesianUlema Council, Nahdlatul Ulama and Muhammadiyah, but also by a religious leader nowadays. The use of social media and websites makes more easily for a religious leader to spread out their own opinion. People, now, are more interconnected with each other. Religious experts spread their religious views through personal websites an even through social media. Through their personal websites, Indonesian Muslim intellectuals, Nadirsyah Hosen andFiranda—for example—use their personal (...) websites to spread their religious ideas. It is interesting to read both views of this character because they both have different educational background. Nadirsyah Hosen was graduated from Western University, while Firanda was educated in Saudi Arabia. This article dissects on some of these questions: Using content analysis methods, this study answers some questions; what are their concerns? How do contemporary issues influence their religious views? The study finds that both use a variety of scientific arguments based on various literature. At some level, Nadirsyahtries to combine classical and modern literature, while Firanda focuses on the use of classical literature. Each of these approaches has implications for their personal ideas. (shrink)

Protecting confidentiality is an essential value in all human relationships, no less in medical practice and research.1 Doctor‐patient and researcher‐participant relationships are built on trust and on the understanding those patients' secrets will not be disclosed.2 However, this confidentiality can be breached in some situations where it is necessary to meet a strong conflicting duty.3Confidentiality, in a general sense, has received much interest in Islamic resources including the Qur'an, Sunnah and juristic writings. However, medical and research confidentiality have not been (...) explored deeply. There are few fatwas about the issue, despite an increased effort by both individuals and Islamic medical organizations to use these institutional fatwas in their research.Infringements on confidentiality make up a significant portion of institutional fatwas, yet they have never been thoroughly investigated. Moreover, the efforts of organizations and authors in this regard still require further exploration, especially on the issue of research confidentiality.In this article, we explore medical and research confidentiality and potential conflicts with this practice as a result of fatwas released by international, regional, and national Islamic Sunni juristic councils. We discuss how these fatwas affect research and publication by Muslim doctors, researchers, and Islamic medical organizations.We argue that more specialized fatwas are needed to clarify Islamic juristic views about medical and research confidentiality, especially the circumstances in which infringements on this confidentiality are justified. (shrink)

The Indonesian Ulema Council (MUI) has issued an illegitimate fatwa against smoking in mosques because it endangers the health of worshippers and interferes with the comfort of worshippers. This study aims to investigate smoking behaviour in mosques and violations of fatwas from ulama and governor regulations. This study follows a cross-sectional design conducted by interviewing 531 Muslims who have prayed in the mosque for the last 14 days and observed the compliance of the mosque in implementing a smoke-free policy (...) in 315 mosques. Frequency distribution and cross-tabulation were carried out using JASP 16 software using cross-tabulation. The results of this study indicate that the implementation of the smoke-free policy for mosques in Medan has been violated many times (57.8%), especially the violation regarding smoking in mosques (32.1%); cigarette butts were still found in the yard of the mosque (44.1%). Violations of the policy of fatwa smoke-free areas occurred in public mosques (61%) and muhammadiyah mosques (46.5%). Smoking behaviour in mosques was seen in the last 2 weeks, namely smoking behaviour carried out by worshippers (57.6%), smoking behaviour carried out by mosque administrators (39.2%), smoking behaviour carried out by community leaders in mosques (19.4%) and smoking behaviour that ulemas carried out in mosques (14.3%). Worshippers must comply with the rules against smoking in mosques because it can endanger the health of other worshippers. Cigarette smoke in the mosque will make other worshippers uncomfortable to worship so that it can damage the solemnity of the congregation to worship in the mosque. Contribution: This study is expected to explain smoking behaviour in mosques, violations of smoking behaviour in mosques that violate the ulama’s fatwa regarding smoking behaviour in mosques and the governor’s regulation on smoking behaviour in mosques. (shrink)

Ever since the start of the twentieth century, a growing interest and importance of studying fatwas can be noted, with a focus on Arabic printed fatwas (Wokoeck 2009). The scholarly study of end-of-life ethics in these fatwas is a very recent feature, taking a first start in the 1980s (Anees 1984; Rispler-Chaim 1993). Since the past two decades, we have witnessed the emergence of a multitude of English fatwas that can easily be consulted through the Internet (‘e-fatwas’), providing Muslims worldwide (...) with a form of Islamic normative guidance on a huge variety of topics. Although English online fatwas do provide guidance for Muslims and Muslim minorities worldwide on a myriad of topics including end-of-life issues, they have hardly been studied. This study analyses Islamic views on (non-)voluntary euthanasia and assisted suicide as expressed in English Sunni fatwas published on independent—i.e. not created by established organisations—Islamic websites. We use Tyan’s definition of a fatwa to distinguish between fatwas and other types of texts offering Islamic guidance through the Internet. The study of e-fatwas is framed in the context of Bunt’s typology of Cyber Islamic Environments (Bunt 2009) and in the framework of Roy’s view on the virtual umma (Roy 2002). ‘(Non-)voluntary euthanasia and assisted suicide’ are defined using Broeckaert’s conceptual framework on treatment decisions at the end of life (Broeckaert 2008). We analysed 32 English Sunni e-fatwas. All of the e-fatwas discussed here firmly speak out against every form of active termination of life. They often bear the same structure, basing themselves solely on Quranic verses and prophetic traditions, leaving aside classical jurisprudential discussions on the subject. In this respect they share the characteristics central in Roy’s typology of the fatwa in the virtual umma. On the level of content, they are in line with the international literature on Islamic end-of-life ethics. English Sunni e-fatwas make up an influential and therefore important developing body of Islamic orthodox normative authority on end-of-life ethics that is still open for further research. (shrink)

Background: Empirical studies in Muslim communities on organ donation and blood transfusion show that Muslim counsellors play an important role in the decision process. Despite the emerging importance of online English Sunni fatwas, these fatwas on organ donation and blood transfusion have hardly been studied, thus creating a gap in our knowledge of contemporary Islamic views on the subject.Method: We analysed 70 English Sunni e-fatwas and subjected them to an in-depth text analysis in order to reveal the key concepts in (...) the Islamic ethical framework regarding organ donation and blood transfusion.Results: All 70 fatwas allow for organ donation and blood transfusion. Autotransplantation is no problem at all if done for medical reasons. Allotransplantation, both from a living and a dead donor, appears to be possible though only in quite restricted ways. Xenotransplantation is less often mentioned but can be allowed in case of necessity. Transplantation in general is seen as an ongoing form of charity. Nearly half of the fatwas allowing blood transfusion do so without mentioning any restriction or problem whatsoever. The other half of the fatwas on transfusion contain the same conditional approval as found in the arguments pro organ transplantation.Conclusion: Our findings are very much in line with the international literature on the subject. We found two new elements: debates on the definition of the moment of death are hardly mentioned in the English Sunni fatwas and organ donation and blood transfusion are presented as an ongoing form of charity. (shrink)

The discovery and invention of new medical applications may be considered blessings to humankind. However, some applications which might be the only remedy for certain diseases may contain ingredients or involve methods that are not in harmony with certain cultural and religious perspectives. These situations have raised important questions in medical ethics; are these applications completely prohibited according to these perspectives, and is there any room for mitigation? This paper explores the concept of darurah and its deliberation in the formulation (...) of fatwas on medicine issued by the National Fatwa Council of Malaysia. Darurah has explicitly been taken into consideration in the formulation of 14 out of 45 fatwas on medicine thus far, including one of the latest fatwas regarding uterine donation and transplantation. These fatwas are not only limited to the issues regarding the use of unlawful things as remedies. They include issues pertaining to organ transplantation, management of the corpse and treatment of brain dead patients. While deliberation of darurah in medicine may vary from issue to issue, darurah applies in a dire situation in which there are no lawful means to prevent harm that may be inflicted upon human life. Nevertheless, other aspects must also be taken into the deliberation. For example, consent must be obtained from the donor or his next of kin to conduct a cadaveric organ transplantation. (shrink)

The field of bioethics aims to ensure that modern scientific and technological advancements have been primarily developed for the benefits of humankind. This field is deeply rooted in the traditions of Western moral philosophy and socio-political theory. With respect to the view that the practice of bioethics in certain community should incorporate religious and cultural elements, this paper attempts to expound bioethical tradition of the Malay-Muslim community in Malaysia, with shedding light on the mechanism used by the National Fatwa (...) Council to evaluate whether an application of biological sciences is ethical or not. By using the application of the genetically modified food as a case study, this study has found that the council had reviewed the basic guidelines in the main references of shari'ah in order to make decision on the permissibility of the application. The fatwa is made after having consultation with the experts in science field. The council has taken all factors into consideration and given priority to the general aim of shari'ah which to serve the interests of mankind and to save them from harm. (shrink)

This research aims to examine the Indonesian Ulema Council’s (MUI) fatwa strategy on COVID-19 vaccination booster, which employed religious narrations and laboratory test evidence to justify its arguments. Religious texts become ideological frames that are legitimate and effective in influencing the human senses. This study uses maqashid al-Qur’an as approach. Hence, the use of text of the Qur’an, hadith, and quotations from various ulema’s opinions elucidates the vaccination aim under Islamic law. Based on the MUI fatwa, the primary (...) purpose of the vaccinations is for the sake of national benefits, whereas, from the perspective of maqashid al-Qur’an, it mainly leads to the preservation of the Indonesian people’s life as a whole. The COVID-19 vaccination carried out in Indonesia is for curative purposes; consequently, this programme is classified into the daruriyah [urgent] category. The results revealed that religious authority plays a crucial role in persuading its adherents.Contribution: This research shows that interpreting the Qur’anic verses using the maqashid theory should also be integrated with a scientific approach for the benefit of humanity. (shrink)

This article focuses the divorce oaths reflected in fatwās from Ottoman social life, oathbreakings and the remedies muftīs suggested to nullify divorce oaths. The purpose of the article is to describe the usage areas of the divorce oath in Ottoman social life, the problems within and outside of marriage it created, and the ways to solve these problems, based on the issues consulted to muftīs. The fatwās used as a data source in the article are limited to those have personally (...) been asked to Hanafī muftīs who served in Anatolia and Rumelia between the 16th and 18th centuries. The article is a study of the history of law that uses the fatwās in the collections, most of which are found as manuscripts, as the main data source. The acceptance of conditional divorce as a kind of oath in the Hanafī legal tradition paved the way for its use in Ottoman social life for different purposes beyond divorce. A great number of fatwās indicate that the divorce oath of husband in the family was sometimes a means of restraining and educating the wife, and sometimes a counter measure some rules of the Hanafī madhhab that may cause victimization of the wife. In social life, the divorce oath was used to reinforce personal decisions, it often functioned as a verbal guarantee in debt relations, and allowed the authorities to put pressure on people. Violation of the divorce oaths would in many cases cause serious family problems. Therefore Ottoman muftīs suggested some remedies to nullify divorce oaths. These remedies generally are proxy, marriage by unauthorized person and to divorce the wife-to break the oath-to remarry the wife. The article describes and interprets numerous fatwās on which these findings are based, in the light of Hanafī legal doctrine. (shrink)

Intersex being a birth impairment in human babies is a fact of humanprecreation. Opposed to normal birth of humans as males and females incidentsof babies with vague gender identity have perturbed people and families asto how to socially place them within the binary system of men and womenin the community. In Islam, it is more important in view of the genderedorientation of some Islamic laws and its system of social ethics. Accordingly,jurists formulated an Islamic blueprint to manage this segment. However,their (...) main criteria to align such individuals to one of the normal genders wereinadequate to assign a specific sex to all intersex. Medical science, on the otherhand, proposes not only to achieve precise diagnoses of intersex conditionsbut also to manage them medically. Accordingly, Muslim jurists and muftisby and large celebrated this medical solution as a better remedy to resolve thisjuridical perplexing question. This study, however, argues that juristic stamp ofapproval needs to be more ethically grounded so as to avoid pitfalls inherent inthis medical innovation. (shrink)

In this study, the tahrîj method, which is used in answering contemporary Fiqh issues throughout the history of Fiqh, will be described and some sample fatwas given by the High Board of Religious Affairs based on this method will be analysed. Tahrîj is firstly to define the procedural and legal principles on which the singular views of a madhhab imam is based on, and then to determine the verdict of the issues in which an opinion from that imam is not (...) conveyed, according to the rules reached. Firstly the High Board of Religious Affairs will be introduced briefly highlighting issues such the effort put forward by the Board in the answering current fiqh issues, its contributions to the unity of fatwa and that it is a continuation of the Islamic Meşîhat-ı İslamiyye in the Ottoman Empire. Tahrîj, will be defined and its types, history, and its role in the development of fiqh and in solving current fiqh issues will be explained. Among the issues resolved by the High Board of Religious Affairs by applying the Tahrîj method or by making use of this method; commercial insurance, organ transplantation, gold-based lease certificate and the effect of injection/vaccine on fasting will be analysed. Given these exemplary fatwas, it will be tried to show that the method of Tahrîj is important today as it was in the past, both in terms of maintaining the consistency of fiqh and its contribution to the development of fiqh. (shrink)

Resumo: O estudo das ideias de Ibn Taymiyyah sobre o haram e o halal, no Islã, continua a ser relevante para a compreensão da jurisprudência islâmica, da ética, da identidade cultural e das questões contemporâneas. O objetivo do artigo é analisar as obras de Ibn Taymiyyah e identificar seus conceitos mais importantes para a comunidade muçulmana. Os métodos de análise das fatwas escritas por Ibn Taymiyyah e os métodos de interpretação e comparação dos conceitos de proibido e permitido, no Islã, (...) foram usados para atingir o objetivo do estudo. A principal conclusão da pesquisa é que Ibn Taymiyyah era conhecido por suas pesquisas em lei islâmica, teologia e moralidade. Ele tinha visões conservadoras e, devido às suas próprias ideias reformistas, foi repetidamente condenado. Apesar disso, ele criticou os ensinamentos tradicionais sobre o Islã e apoiou a necessidade de reformar alguns aspectos da prática islâmica. Ibn Taymiyyah atribuiu grande importância ao exame do Alcorão e da Sunnah do Profeta Muhammad, a fim de entender o que é proibido e permitido, em várias áreas da vida muçulmana. Ele enfatizou a importância de uma dieta saudável, a necessidade de seguir os princípios islâmicos em questões financeiras e a preservação da dignidade e do comportamento respeitoso, em todos os aspectos da vida. (shrink)

Background: Empirical studies in Muslim communities on organ donation and blood transfusion show that Muslim counsellors play an important role in the decision process. Despite the emerging importance of online English Sunni fatwas, these fatwas on organ donation and blood transfusion have hardly been studied, thus creating a gap in our knowledge of contemporary Islamic views on the subject. Method: We analysed 70 English Sunni e-fatwas and subjected them to an in-depth text analysis in order to reveal the key concepts (...) in the Islamic ethical framework regarding organ donation and blood transfusion. Results: All 70 fatwas allow for organ donation and blood transfusion. Autotransplantation is no problem at all if done for medical reasons. Allotransplantation, both from a living and a dead donor, appears to be possible though only in quite restricted ways. Xenotransplantation is less often mentioned but can be allowed in case of necessity. Transplantation in general is seen as an ongoing form of charity. Nearly half of the fatwas allowing blood transfusion do so without mentioning any restriction or problem whatsoever. The other half of the fatwas on transfusion contain the same conditional approval as found in the arguments pro organ transplantation. Conclusion: Our findings are very much in line with the international literature on the subject. We found two new elements: debates on the definition of the moment of death are hardly mentioned in the English Sunni fatwas and organ donation and blood transfusion are presented as an ongoing form of charity. (shrink)

ABSTRACT Background: Empirical studies in Muslim communities on organ donation and blood transfusion show that Muslim counsellors play an important role in the decision process. Despite the emerging importance of online English Sunni fatwas, these fatwas on organ donation and blood transfusion have hardly been studied, thus creating a gap in our knowledge of contemporary Islamic views on the subject. Method: We analysed 70 English Sunni e‐fatwas and subjected them to an in‐depth text analysis in order to reveal the key (...) concepts in the Islamic ethical framework regarding organ donation and blood transfusion. Results: All 70 fatwas allow for organ donation and blood transfusion. Autotransplantation is no problem at all if done for medical reasons. Allotransplantation, both from a living and a dead donor, appears to be possible though only in quite restricted ways. Xenotransplantation is less often mentioned but can be allowed in case of necessity. Transplantation in general is seen as an ongoing form of charity. Nearly half of the fatwas allowing blood transfusion do so without mentioning any restriction or problem whatsoever. The other half of the fatwas on transfusion contain the same conditional approval as found in the arguments pro organ transplantation. Conclusion: Our findings are very much in line with the international literature on the subject. We found two new elements: debates on the definition of the moment of death are hardly mentioned in the English Sunni fatwas and organ donation and blood transfusion are presented as an ongoing form of charity. (shrink)

While many western countries now have large Muslim communities, relatively little scholarly attention is given to the attitudes of Muslims regarding end-of-life issues. Meanwhile, we receive strong and significant signals from physicians and pastoral care teams on the difficulty of discussing pain treatment with Muslim patients. With this study of Islamic views on pain control and palliative sedation in English Sunni e-fatwas we wish to make a contribution from the field of religious studies to a better understanding of how Muslim (...) patients balance their personal needs for pain treatment with the Islamic normative background. Using Broeckaert’s conceptual framework on treatment decisions in advanced disease, we conducted an in-depth analysis of English Sunni e-fatwas on pain control and palliative sedation. The e-fatwas were selected using Bunt’s typology of Cyber Islamic Environments and Tyan’s definition of a fatwa. We found that references to the use of sedative medication to reduce the consciousness of the patient for pain treatment were very scarce in the texts we analysed. Although the idea of patiently enduring pain is present in the e-fatwas, it does not dominate the discussion, since the alleviation of pain is equally encouraged. When the pain medication used is addictive, alters the patient’s state of consciousness or contains alcohol making it problematic from an Islamic normative point of view, the use of this type of medication can be permitted on the basis of a principle in Islamic jurisprudence: necessity permits breaking the law. The possible danger of death after the administration of high doses of pain medicine is countered based on the intention of the treating physician: he or she aims to alleviate the pain and not kill the patient. The study of English Sunni e-fatwas on pain and symptom control indicates the absence of an insurmountable ethical problem connected to the use of heavy pain medication. (shrink)

Subsequent to the crystallization of the legal schools, Muslim jurists felt the need to consolidate the massive corpus of legal opinion in order to aid students and practitioners of the law. The result was legal maxims, concise theoretical statements that captured the objectives of the Sharia. An example is al-ḍarar yuzāl, which is based on the hadith lā ḍarar wa-lā ḍirār. This article analyzes the role of legal maxims in Yūsuf al-Qaraḍāwī’s jurisprudence and fatwas, as found in his numerous books (...) and articles. Its preliminary assumption is that Qaraḍāwī uses legal maxims to control and systematize the use of considerations of public welfare, especially in the field of “the jurisprudence of reality”. Because this fiqh deals mainly with political topics on which there are hardly any guidelines in scripture, and stems therefore from mostly nontextual benefits, it is an area vulnerable to undisciplined use of utilitarian considerations by jurists. Legal maxims then come in handy when weighing the relevant benefit and harm related to each topic. (shrink)

Rapid developments in science and technology have resulted in novel discoveries, leading to new questions particularly related to human values and ethics. Every discovery and technology has positive and negative implications and affects human lives either directly or indirectly, involving all walks of life. Bioethical discourse in Malaysia must consider the multiracial and multireligious background of Malaysia and especially the Islamic view as the majority of Malaysians are Muslims and Islam is the religion of the federation. This article discusses several (...) selected bioethical issues in Malaysia by studying the application of maṣlaḥah (the public good) and mafsadah (evil and harms) in Malaysian Islamic rulings (fatwas). This article uses the critical interpretation approach, as this is an ethical, interpretive, textual, and contextual analysis. In a situation when there is a conflict between maṣlaḥah and avoidance of mafsadah, it is preferred to attempt to address both needs. However, if maṣlaḥah and avoidance of mafsadah are mutually exclusive, the decision to choose must be made by weighing (tarjīḥ) and choosing the one which is superior. The maṣlaḥah and mafsadah concepts play vital and significant roles in bioethical discourse to realize human essential interests, namely faith, life, lineage, intellect, and property, thus achieving maqāṣid al-sharīʿah (the ultimate goal of sharia). This concept helps in guiding bioethical discussions, especially in determining the priority between achieving benefits and avoiding harms. The application of this concept will also assist Malaysian authorities in formulating appropriate rulings, especially bioethical issues related to Malaysian Muslims’ lives. (shrink)

In this article, the views of Yusuf al-Qaradawi (d. 2022) on the change of the fatwa are discussed. Other issues of the fatwa method are generally excluded from the scope. At the point of solving new problems, the change of the fatwa is important. The aim of the study is to reveal al-Qaradawi's contribution to the issue of changing the fatwa. In this study, in which the qualitative research method was used, thematic reading was made. As (...) it is known, scholars have adopted the idea that the provisions open to ijtihad can be changed. According to al-Qaradawi, there is even a consensus on this. Likewise, there is a consensus that the final provisions are not subject to change. al-Qaradawi mentioned that independent ijtihad activities should continue. Because only in this way can fiqh remain alive and dynamic. Therefore, it can solve new problems. Therefore, the idea that the door of ijtihad is closed cannot be accepted. On the other hand, scholars should take into account the ancient jurisprudence. It should contribute to this information by adding or correcting it. The principles that allow the change of the fatwa are four in the form of time, place, situation and custom. al-Qaradawi stated that he added six new elements to these. These are as follows: The change of information, the change of people's needs, the change of people's power and possibilities, umumu'l-balwa, the change of social, economic and political conditions, the change of opinion and idea. The author has reached these six elements as a result of a deep research. Muftis should take these factors into consideration when issuing a fatwa. Because the maslahah of the servants and the principle of convenience require this. (shrink)

Rapid development in the area of assisted reproductive technology, has benefited mankind by addressing reproductive problems. However, the emergence of new technologies and techniques raises various issues and discussions among physicians and the masses, especially on issues related to bioethics. Apart from solutions provided using conventional bioethics framework, solutions can also be derived via a complementary framework of bioethics based on the Higher Objectives of the Divine Law in tackling these problems. This approach in the Islamic World has been applied (...) and localised in the Malaysian context. Thus, this paper highlights a conceptual theoretical framework for solving current bioethical issues, with a special focus on ART in the Malaysian context, and compares this theory with conventional theories of bioethics. (shrink)

Bayʿ al-wafā is a fatwa issue (waqıʿat/nawazil) in the form of a legal solu-tion (hīla al sharʿiyyah), the legal nature of which was intensely debated by Central Asian Hanafi jurists. This contract appears to be a practice by which Muslim communities living in Central Asia, particularly in Bukhara and Samarkand, were able to conduct their debt relations without involving interest. The initial assessments regarding the legal nature of bayʿ al-wafā, for which there is no transmission from the founding imams, (...) emerged in the fatwas of Central Asian Hanafi scholars in the 4th/10th century. Subsequently, from this century, when the first examples of fatwa literature were penned, to the 6th/12th century, when the most advanced and influential examples were produced, there were many different opinions on the legal nature of this contract according to the Hanafī doctrine. In this study, based on the fatwa literature that emerged between these centuries, the chronological development of opinions on the legal nature of the bayʿ al-wafâ contract has been examined. Furthermore, this study also addresses the fundamental trends that have led to different assessments on the subject and identifies the subordinate and opposing views concerning it. (shrink)

When it is ethically justifiable to stop medical treatment? For many Muslim patients, families, and clinicians this ethical question remains a challenging one as Islamic ethico-legal guidance on such matters remains scattered and difficult to interpret. In light of this gap, we conducted a systematic literature review to aggregate rulings from Islamic jurists and juridical councils on whether, and when, it is permitted to withdraw and/or withhold life-sustaining care. A total of 16 fatwās were found, 8 of which were single-author (...) rulings, and 8 represented the collective view of a juridical council. The fatwās are similar in that nearly all judge that Islamic law, provided certain conditions are met, permits abstaining from life-sustaining treatment. Notably, the justifying conditions appear to rely on physician assessment of the clinical prognosis. The fatwās differ when it comes to what conditions justify withdrawing or withholding life- sustaining care. Our analyses suggest that while notions of futility greatly impact the bioethical discourse regarding with holding and/or withdrawal of treatment, the conceptualization of futility lacks nuance. Therefore, clinicians, Islamic jurists, and bioethicists need to come together in order to unify a conception of medical futility and relate it to the ethics of withholding and/or withdrawal of treatment. (shrink)

Artificial womb technology for extracorporeal gestation of human offspring (ectogenesis or ectogestation) has profound ethical, sociological and religious implications for Muslim communities. In this article we examine the usage of the technology through the lens of Islamic ethico-legal frameworks specifically the legal maxims (al-Qawaid al-Fiqhiyyah) and higher objectives of Islamic law (Maqaṣid al-Shariah). Our analysis suggests that its application may be contingently permissible (halal) in situations of dire need such as sustaining life and development of extremely premature newborns, for advancing (...) fetal medicine and avoiding maternal co-morbidities during fetal treatment, and for enabling motherhood for women without functional wombs, or who face grave medical risks in pregnancy. However, its application may be proscribed (haram) for enabling healthy women to avoid pregnancy and childbirth, or to achieve parenthood equity. Specification of these views to particular policy, legal contexts and Fatwa will require multidisciplinary Shariah-based bioethical deliberations between jurists, policymakers, and scientists. (shrink)

Bioethics and health researchers often turn to Islamic jurisconsults (fuqahā’) and their verdicts (fatāwā) to understand how Islam and health intersect. Yet when using fatwā to promote health behavior change, researchers have often found less than ideal results. In this article we examine several health behavior change interventions that partnered with Muslim religious leaders aiming at promoting organ donation. As these efforts have generally met with limited success, we reanalyze these efforts through the lens of the theory of planned behavior, (...) and in light of two distinct scholarly imperatives of Muslim religious leaders, the ʿilmī and the islāhī. We argue for a new approach to health behavior change interventions within the Muslim community that are grounded in theoretical frameworks from the science of behavior change, as well the religious leadership paradigms innate to the Islamic tradition. We conclude by exploring the implications of our proposed model for applied Islamic bioethics and health research. (shrink)

[fr] Cet article se propose d’étudier le traité de ḥisba, intitulé Tuḥfat al-nāẓir wa-ġunyat al-ḏākir fī ḥifẓ al-šaʿā’ir wa-taġyīr al-manākir, du juriste tlemcénien Muḥammad al-ʿUqbānī (m. 871/1467). C’est d’abord le contexte de production de ce texte qui est envisagé : celui du Maghreb central dans la seconde moitié du IXe/XVe siècle caractérisé par une évolution des rapports de force entre différents pouvoirs, saints, savants et pouvoirs sultaniens. Se pose alors avec une nouvelle acuité la question du maintien de l’ordre social (...) abordé à travers cet ouvrage situé à l’intersection de deux genres, traité de ḥisba et recueil de fatwā-s. Al-ʿUqbānī propose ainsi une discussion du précepte coranique d’ordonner le bien et d’interdire le mal puis une sélection de fatwā-s traitant de la ḥisba. Ce texte, loin d’être atemporel, s’inscrit pleinement dans son temps et témoigne des transformations sociales à l’œuvre. (shrink)

This article analyzes the religio-ethical discussions of Muslim religious scholars, which took place in Europe specifically in the UK and the Netherlands, on organ donation. After introductory notes on fatwas (Islamic religious guidelines) relevant to biomedical ethics and the socio-political context in which discussions on organ donation took place, the article studies three specific fatwas issued in Europe whose analysis has escaped the attention of modern academic researchers. In 2000 the European Council for Fatwa and Research (ECFR) issued a (...) fatwa on organ donation. Besides this “European” fatwa, two other fatwas were issued respectively in the UK by the Muslim Law (Shariah) Council in 1995 and in the Netherlands by the Moroccan religious scholar Muṣṭafā Ben Ḥamza during a conference on “Islam and Organ Donation” held in March 2006. The three fatwas show that a great number of Muslim religious scholars permit organ donation and this holds true for donating organs to non-Muslims as well. Further, they demonstrate that transnationalism is one of the main characteristics of contemporary Islamic bioethics. In a bid to develop their own standpoints towards organ donation, Muslims living in the West rely heavily on fatwas imported from the Muslim world. (shrink)

This article highlights the role of Majelis Ulama Indonesia in making anti-pluralism discourse and practice which are evident in its fatwa on belief . It begins with the explanation of MUI which in the first three decades of its establishment was a fatwa body that supported pluralism, but since the downfall of the authoritarian Suharto regime in 1998, has changed its position from supporter to detractor of pluralism. This article argues that the institutionalization of anti- pluralism discourse through (...) the MUI fatwa creates complexity especially because Indonesia contains the idea of pluralism in its constitution. The situation becomes more complex when the state and also Muslim organizations strengthen the position of MUI in monopolizing fatwa-making on ‘aqīda issues. The monopolization of fatwa on Islamic belief issues creates such a negative impact for religious freedom in Indonesia due to its fundamental characteristics that allow only a single judgment for the Muslim communities in understanding and interpreting their Islamic belief. Finally this article concludes the importance of Indonesia for protecting pluralism for maintaining the diversity of cultures and religions in this country. (shrink)

When Muslims thought of establishing milk banks, religious reservations were raised. These reservations were based on the concept that women's milk creates ‘milk kinship’ believed to impede marriage in Islamic Law. This type of kinship is, however, a distinctive phenomenon of Arab tradition and relatively unknown in Western cultures. This article is a pioneer study which fathoms out the contemporary discussions of Muslim scholars on this issue. The main focus here is a religious guideline (fatwa) issued in 1983, referred (...) to in this article as ‘one text’, by the Egyptian scholar Yūsuf al-Qaradāwī who saw no religious problem in establishing or using these banks. After a number of introductory remarks on the ‘Western’ phenomenon of milk banks and the ‘Islamic’ phenomenon of ‘milk kinship’, this article analyses the fatwa of al-Qaradāwī‘one text’ and investigates the ‘two contexts’ in which this fatwa was discussed, namely, the context of the Muslim world and that of Muslim minorities living in the West. The first context led to rejecting the fatwa and refusing to introduce the milk banking system in the Muslim world. The second context led to accepting this system and thus allowing Muslims living in the West to donate and receive milk from these banks. Besides its relevance to specialists in the fields of Islamic studies, anthropology and medical ethics, this article will also be helpful to physicians and nurses who deal with patients of Islamic background. (shrink)