ON FATWAS: TEN QUESTIONS
Fatwas are non-legal binding and one can choose to follow or not, since
there is no central authority in Islam. They are merely legal opinions
produced by those claiming authority in the religion of Islam. I have
these questions though for us to explore:
1. if the argument is that only experts can issue fatwas, who then are the experts in matters of human spirituality and from which (legitimate) school of thought ought an expert come from?
2. in addition, what ideological basis will the fatwas be produced?
3. in matters of "ijtihad" or reasoning (accordingly, preferable
sources of construction of knowledge after the Quran and hadith) to
arrive at the fatwas, what method is used and where would the source of
information come from?
4. in addition, what is the nature of
the "sociology of knowledge" would the non-legal-binding-religious
opinion. a.k.a. fatwas emanate from and in addition, what constitute
the idea of an "Islamic scholar"?
5. does this mean one can only draw his/her arguments from "purely Islamic sources"? (what are 'Islamic sources, in this case)?
6. how would one apply the principles of "epistemology" or in
philosophical discourse "Theory of Knowledge" to the study of the
genealogy or the production of fatwas?
7. if the fatwas are derived form the hadiths (traditions), how does one authenticate the tens of thousands of hadiths?
8. if they are derived from the Quran, how does one ascertain the
definite-mess and the denotative-connotative aspects of the verses that
some of them also "cancel" each other out depending on the time they
were "revealed"?
9. if they were directly revealed, as
believed, how much is human agency involved in the compilation of the
scripture itself, through the process of textual construction produced
via human biases build into the selection and editing process?
10. in addition, how "cultural" is the character of fatwas and how much
of these "freshness of ideas of religious interpretations" can withstand
the test of postmodernity and deconstructionism as ways to appreciate
the dialectical nature of knowledge?
these are some questions I have. Please share them and let us enlighten each other with satisfactory answers ... -- ar
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