The word fatwa does not in any way mean a judicial verdict; it is simply a personal opinion. If a believer wants to know about his personal behaviour, for example, he wants to know about his way of worship or his dress, then, he may visit an Islamic scholar and put this personal question to him. And, that scholar may give him his opinion according to his knowledge of Islam. That is fatwa.
Establishing Darul Qaza or Darul Ifta is the institutionalisation of fatwa, which did not exist during the age of the Sahaba (Companions of the Prophet) and the Tabi’een (Companions of the Companions). It was an innovation of the later period of Islamic history.
Darul Qaza and Darul Ifta are not illegal, but a condition attaches to them. If the national tradition and the constitutional system of a country allow the establishment of such institutions, then there is no harm in it. Otherwise, establishing such institutions must be avoided. The word ‘Islam’ has a connotation of peace. So, ‘Muslim’ means a peaceful person. All Islamic teachings are based on the concept of peace. Muslims are asked to live as law-abiding members of every society, whether they are living as a minority community or a majority community, and whether they enjoy political power or not. In every situation, they must keep the peace and avoid all kinds of confrontation. There is a Hadith which says:
“By God, that person will never enter Paradise, who creates a nuisance for his neighbours.” (Sahih Muslim, Hadith No. 46)
A nuisance is not only that which you think is a nuisance but also anything that your neighbour considers to be troublesome. So, Muslims must adopt that kind of behaviour which is acceptable to their neighbours. Anything that is not acceptable to their neighbours is a nuisance. In this matter, the neighbour’s opinion must prevail and not that of Muslims.
Muslims are asked to live as law-abiding members of every society, whether they are living as a minority community or a majority community, and whether they enjoy political power or not. There are different kinds of nuisance. It is also a nuisance that the Muslim community insists on implementing its religious law in India, although the majority of Indian people and the system of India take it to be an unwanted initiative. Thus, Muslims must refrain from such behaviour as it creates a nuisance for their neighbours.
Source: Spirit of Islam August 2014
