Mufti

[4] In later times, muftis also issued public and political fatwas that took a stand on doctrinal controversies, legitimized government policies or articulated grievances of the population.

[4] Over the centuries, Sunni muftis were gradually incorporated into state bureaucracies, while Shia jurists in Iran progressively asserted an autonomous authority starting from the early modern era.

On a number of occasions, the Quranic text instructs the Islamic prophet Muhammad how to respond to questions from his followers regarding religious and social practices.

At that point, the rapidly expanding Muslim community turned to Muhammad's Companions, as the most authoritative voices among them, for religious guidance, and some of them are reported to have issued pronouncements on a wide range of subjects.

[3][5] Queries to muftis were supposed to address real and not hypothetical situations and be formulated in general terms, leaving out names of places and people.

[6][14] Muftis have played three important roles in the classical legal system: Islamic doctrine regards the practice of ifta as a collective obligation (farḍ al-kifāya), which must be discharged by some members of the community.

If a party in a dispute was not able to obtain a fatwa supporting their position, they would be unlikely to pursue their case in court, opting for informal mediation instead, or abandoning their claim altogether.

[15] Sometimes muftis could be petitioned for a fatwa relating to a court judgement that has already been passed, acting as an informal appeals process, but the extent of this practice and its mechanism varied across history.

[16] While in most of the Islamic world judges were not required to consult muftis by any political authority, in Muslim Spain this practice was mandatory, so that a judicial decision was considered invalid without prior approval by a legal specialist.

[4][15] Author-jurists sought out fatwas that reflected the social conditions of their time and place, often opting for later legal opinions which were at variance with the doctrine of early authorities.

[15] Research by Wael Hallaq and Baber Johansen has shown that the rulings of muftis collected in these volumes could, and sometimes did, have a significant impact on the development of Islamic law.

A jurist could lead a teaching circle, conduct a fatwa session, and adjudicate court cases in a single day, devoting his night hours to writing a legal treatise.

According to the adab al-mufti manuals, a mufti must be an adult, Muslim, trusted and reliable, of good character and sound mind, an alert and rigorous thinker, trained as a jurist, and not a sinner.

In practice, an aspiring jurist would normally study for several years with one or several recognized scholars, following a curriculum that included Arabic grammar, hadith, law and other religious sciences.

[14] In practice, the vast majority of jurists who completed the lengthy curriculum in linguistic and religious sciences required to obtain the qualification to issue fatwas were men.

[4] While the office of the mufti was gradually subsumed into the state bureaucracy in much of the Sunni Muslim world, Shia religious establishment followed a different path in Iran starting from the early modern era.

[3] Fatwas by the Ottoman chief mufti were also solicited by the rulers to legitimize new social and economic practices, such as financial and penal laws enacted outside of sharia, printing of nonreligious books (1727) and vaccination (1845).

[5] Public fatwas were also used to dispute doctrinal matters, and in some case to proclaim that certain groups or individuals who professed to be Muslim were to be excluded from the Islamic community (a practice known as takfir).

[5] Under European colonial rule, the institution of dar al-ifta was established in a number of madrasas (law colleges) as a centralized place for issuing of fatwas, and these organizations to a considerable extent replaced independent muftis as religious guides for the general population.

One example is the Egyptian Dar al-Ifta, founded in 1895, which has served to articulate a national vision of Islam through fatwas issued in response to government and private queries.

[6] In Iran, Ayatollah Khomeini used proclamations and fatwas to introduce and legitimize a number of institutions, including the Council of the Islamic Revolution and the Iranian Parliament.

[5] Many militant and reform movements in modern times have disseminated fatwas issued by individuals who do not possess the qualifications traditionally required of a mufti.

A famous example is the fatwa issued in 1998 by Osama bin Laden and four of his associates, proclaiming "jihad against Jews and Crusaders" and calling for killing of American civilians.

[5] The Amman Message was a statement, signed in 2005 in Jordan by nearly 200 prominent Islamic jurists, which served as a "counter-fatwa" against a widespread use of takfir (excommunication) by jihadist groups to justify jihad against rulers of Muslim-majority countries.

[3][5] Erroneous and sometimes bizarre fatwas issued by unqualified or eccentric individuals acting as muftis has at times given rise to complaints about a "chaos" in the modern practice of ifta.

Early in the 20th century, the Salafi reformist Shafi'i jurist Rashid Rida responded to thousands of queries from around the Muslim world on a variety of social and political topics in the regular fatwa section of his Cairo-based journal Al-Manar.

[7][6] In the late 20th century, when the Grand Mufti of Egypt Sayyid Tantawy issued a fatwa allowing interest banking, the ruling was vigorously debated in the Egyptian press by both religious scholars and lay intellectuals.

Together muftis who issue call-in fatwas during radio shows and satellite television programs, these sites have contributed to the rise of new forms of contemporary ifta.

[7] As the influence of muftis in the courtroom has declined in modern times, there has been a relative increase in the proportion of fatwas dealing with rituals and further expansion in purely religious areas like Quranic exegesis, creed, and Sufism.

[20] In the private sphere, some muftis have begun to resemble social workers, giving advice on various personal issues encountered in everyday life.

A mufti reading in his prayer stool, by Jean-Léon Gérôme ( c. 1900 )
Turkish mufti (1687 engraving)
A mufti gives sexual advice in response to a woman's complaint about her son-in-law's inability to consummate his marriage to her daughter. Ottoman manuscript, 1721.
Algerian mufti, British drawing (1817)
Muhammad Abduh , who served as the second Grand Mufti of Egypt (1899–1905) in the Egyptian Dar al-Ifta
Sheikh Absattar Derbisali , the Grand Mufti of Kazakhstan