My explanation on Fatwa what I have understood from the gathering examples of the explained scenarios:
In the strongest form Fatwa is confrontation against certain rebellion actions or random acts or unusual or inappropriate challenges against a collective practice or established system (is the Islamic practice).
In moderation it’s about raising voice on concern issue with “conflict of evidence”, calling for an answer for sudden actions and warning for irrespective manners or acts. Holding the rebellions answerable Fatwa is for and Question for reasoning. In general level Fatwa is a query for clarification, seeking acknowledgement for justification.
Overall it’s a right of declaration of an opinion on the moderate level and demanding the rights of mutual respect for ways of living. Fatwa encourage to debate and discussion for awareness and understanding. It’s not right of order or to plea a sentence or punishment.
Fatwa anyhow doesn’t look like to order or openly encourage any killing by enticement with a ransom reward. Fatwa is not personal advice given in response to a personal problem and it is not simply an answer to a question. 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, not a Fatwa again.
However, if one inquires about a problem in the subject of a legal matter, then
It is 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 terms of Islamic law a Fatwa is issued in response to a problematic matter.
There isn’t always a pre set straights forward answers to every matter. It’s matter of rationality and justification from analyses of matters and matters do differ from circumstance, time to individual. Here is an illustration of following incident: A man asked al-Imam Malik about a matter. Imam Malik responded by saying, ‘I don’t know.’ The man retorted, ‘But this is a simple and easy matter.’ It Irritated Imam Malik and he said: ‘Nothing is easy in knowledge and fatwa’. Imam Malik was the Imam of Madinah in the 8th century. Why, people in the recent century and now behave differently and assume to know everything and declare Fatwa at the heat of moment?
In February 1989 Ayatollah Khomeini of Iran declared a Fatwa on Salman Rushdie for his book Satanic Verses. Ayatollah declared Fatwa and ordered any Muslim to kill Rushdie with an enticement ransom of large sum as a reward for killing Rushdie. Salman Rushdie appears to be a confused minded with unstable thought and mannerless irresponsible. Ayatollahs’ Fatwa made Rushdie worlds popular that 24 hours security was arranged for him. Rushdie took advantage of western UK security to privileges. In the West Fatwa was given wrong meaning and Sharia Islamic law was misperceived. The mercy of Islamic practice was undermined.
Satanic verses book was against the ethic of respect towards stablished faiths therefore it’s a right thing to ban the book of the market. To order or declaring a death sentence for insolence behaviour is unnecessary. Simultaneously, declaring a death sentence with Fatwa was incorrect also per Fatwa isn’t about sentence to punishment.
It is Tazir one of sharia Acts of the Hudud law would be the appropriate source to order or declare or demand a punishment for maintaining social order definitely not Fatwa. Fatwa is like juries services for direction and to guide the verdict. . Fatema Miah, Solihull, uk. firstname.lastname@example.org