Saudi authorities are planning to regulate the issuance of
Islamic rulings by limiting the number of people allowed to formulate religious
decrees.
The plan is currently being discussed by the Higher Council
of Religious Scholars and could be implemented as early as next month.
“If the Saudi
authorities regulate the fatwa industry, it will reduce the amount of extreme
fatwas and it will send a positive message to those who are irresponsible and unaccountable
with their fatwas,” Dr. Khalil Al-Khalil, a former Saudi member of parliament
and an expert on Islamic trends, told The Media Line. “It will send them a
message that they are not doing the right thing.”
Islamic scholar Sheikh Ahmad Bin Abd Al-Aziz Bin Baz told
Al-Arabiyya that the issuance of fatwas, or religious scholarly opinions, in
the Saudi kingdom had gotten out of hand to the extent there was a need to
regulate and unify them.
The Saudi authorities are mainly concerned about extreme
fatwas that are being disseminated via mass-media forms such as the Internet
and satellite television.
Radical messages in extreme fatwas often receive much
attention in western media as legitimizing terror attacks against non-Muslims.
Media experts warn that these broadcasts can have a huge
impact, especially since the target audience is young and impressionable.
“[Those issuing
fatwas] know very well that the people here are connected with the government
and the state regulations, and no one wants to be seen in conflict with the
Saudi authorities,” Al-Khalil added. “It will make those who are extreme think
twice before issuing a fatwa.”
Opposition groups within are saying that
allowing only a select few to issue Islamic religious opinions stifles
pluralism of opinion and goes against the spirit of Islam.
Critics of the planned regulation further point out that
hundreds of Arabic-language satellite stations are beyond the reach of the
Saudi government, rendering the moves ineffective, as Saudis will continue to
be exposed to extreme messages through the Internet and other media forms.
Al-Khalil himself believes
that regulating fatwas, despite the advantages, is not only impossible to
implement but is also contrary to the spirit of Islam.
“It will not be
successful in any place in the world,” he said. “They want to formulate a group
at the national level and the local level who will be authorized to issue
fatwas. They will employ specific individuals, who will have the right to issue
fatwas and this is an impossible mission.”
Al-Khalil explained
that this contradicted the very nature of Islam, which allows people to choose
for themselves who is qualified to issue a fatwa.
“Who will choose those
people, and based on what qualifications and what orientations?” Al-Khalil
asked. “You can choose for yourself but you can’t choose for everyone in your
state. We know that usually selection of authorized individuals in any field in
life is based on politics and the mood and not on expert qualification.”
Contrary to much popular belief,
fatwas are diverse in content and are a guideline for endless mundane matters,
such as how a Muslim should shake hands, if a Muslims can consume caffeine,
whether it is appropriate for a man to grow his hair, whether Muslims should
play football, and many more.
But Western media in recent years
has often depicted fatwas as associated with edicts on warfare and death
sentences, such as the fatwa seeking the death of author Salman Rushdie after
the Iranians found his writings offensive to Islam.
A fatwa can be issued by anyone who is seen to have
sufficient Islamic scholarly training for the task, usually a Muslim with high
standing in his community.
Those in favor of regulating these edicts say there is ‘fatwa
chaos’ where anyone can issue opinions, which often serve narrow interests, be they
related to politics, security, commerce or a social interest.
“The function of a
fatwa in Islam is not a court verdict,” Al-Khalil stressed. “A verdict is
binding when the process is complete and it has to be implemented, but fatwas
from religious authorities are different.”
“It’s just an effort
to give advice,” he said. “It’s not supposed to be a binding verdict that must
be implemented. The state or the leader can choose to implement that fatwa and
then it becomes obligatory by law, but if it’s issued by an individual, formal
or informal, it’s just advice or a religious opinion and it’s not obligatory.”