Fatwa as a Non-State Legal System: A Critical Analysis from the Perspective of Pakistani Society

The present paper gives a critic of the task of issuing Fatwa as a non-state legal
system in Pakistan which in fact means legislation of Islamic law by any religious
expert out of the state legislation. It discusses some important issues facing by
Pakistani people but could not be solved in the light of the changed context and
public interest which is in fact a failure of true understanding of the task of issuing
fatwa. In the light of the historical development of the activity of issuing fatwa, this
research argues that getting knowledge of strict literal translation of the Qur᾿an and
confinement to the study of the traditional juristic opinions does not accomplish the
prerequisites to become a mufti. Hence, it is necessary for the contemporary muftis
of Pakistan to insight into the social, economic and customary problems of the
people and to strive hard to resolve them in the light of the changed context and
public interest. (200 w).

Source: Journal of Islamic Studies and Culture

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