Responding to a comment on my sarcastic 7-step guide to becoming a Muslim reformer, it occured to me that most Westerners have no idea what constitutes a fatwa, and that Wafa Sultan has used this misconception to her advantage in the New York Times.
First, the comment about my entry:
I admit my comments were flippant and not intended to trivialize the problems faced by people who are intimidated and threatened by both secular and Islamist entities in the Middle East (such as the lovely and very brave journalist, Mona Eltahawy). Still, the ensuing debate has uncovered a number of popular and dangerous misconceptions, which will be cleared up here and there as I find them.
Now, reading the NYT article:
Right, playing the Rushdie card for well-meaning but naive Westerners by calling statements made during a TV debate a "formal fatwa" because the immediate association is "death sentence". Fatwas are legal rulings in Islamic jurisprudence and are issued as a response to a specific legal question. A quick overview of what is and is not a fatwa can be found here:E
Fatwas are not religious condemnations, they are formal legal opinions. Dismissing someone in a TV debate by calling them a blasphemer does not mean you have issued a fatwa calling for their death. It is extremely important that Western readers understand this distinction, as it is obviously being glossed over in the media.
First, the comment about my entry:
Crooning “Oh, oh, I’m under a death sentence, oh, oh, they’re coming to chop off my head, oooooh I’m so scaaaared” is lame snotty mockery when the target of your mockery actually is under a death sentence and people actually are getting killed.
Now, reading the NYT article:
The other guest on the program, identified as an Egyptian professor of religious studies, Dr. Ibrahim al-Khouli, asked, "Are you a heretic?" He then said there was no point in rebuking or debating her, because she had blasphemed against Islam, the Prophet Muhammad and the Koran.
Dr. Sultan said she took those words as a formal fatwa, a religious condemnation. Since then, she said, she has received numerous death threats on her answering machine and by e-mail. [Emphasis mine]
Dr. Sultan said she took those words as a formal fatwa, a religious condemnation. Since then, she said, she has received numerous death threats on her answering machine and by e-mail. [Emphasis mine]
very Muslim may be entitled to declare an opinion on whatever he or she wishes. But a fatwa is not a point of view; it is a legal opinion. A fatwa is not personal advice given in response to a personal problem and it is not simply an answer to a question. A fatwa is a non-binding legal opinion issued in response to a legal problem. For instance, if one asks, "How many times a day do Muslims pray?" The answer to this is not a fatwa. If one asks: "Do you think it is a good idea to marry someone older than myself?" The response to this is personal advice but not a fatwa. However, if one inquires about a problem that is the proper subject of a legal inquiry, then one is asking for a fatwa. For example, if one asks, My father is opposed to my marrying this man, but legally, could I still marry him anyway?" This question solicits a fatwa. A fatwa assumes a conflict of evidence and a need to weigh and evaluate the evidence. In the language of fiqh, a fatwa is issued in response to a problematic matter (amr mushkil). The point is well-illustrated by the following incident: A man asked al-lmam Malik about a matter. Imam Malik responded by saying, "I don't know." The man retorted, "But this is a simple and easy matter." Irritated Imam Malik said: "Nothing is easy in knowledge and fatwa.
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