Tuesday, August 27, 2019

ANALYSIS OF TWO OPPOSITE LEGAL OPINIONS (FATWAS) ON THE SAME ISSUE Essay

ANALYSIS OF TWO OPPOSITE LEGAL OPINIONS (FATWAS) ON THE SAME ISSUE - Essay Example 15) presented to them for clarification by the faithful. Ali Khan (2006a, p. 202) refer to them as scholarly decrees which may have substantial explanations and reasoning behind them or be simply statements addressing the issue at hand (Cornell 2007, p. 154) as opinions. Cornell avers that such scholars extract their verdicts from the Quran, the Sunnah which is anything approved of by Prophet Mohammad, through creation of consensus among themselves or through the use of Ijtihad, which basically means personal, logical reasoning on the part of a scholar. Often times, different fatwas are issued on the same topic. The explanation for this may be that the each of the fatwas is offered with regard to different geographical or historical settings (Khan 2006b, p. 16). Christian Snouck (quoted in Petersen 1997, p. 11) asserts that another cause of the contradictions in fatwas is fictitious verdicts that are not requested by the laity addressing invented questions, mostly issued for rivalry purposes as illustrated abundance of various ideological standpoints in the twentieth century (Petersen 1997, p. 28). Notwithstanding the context, only one ruling can be right at a time (Khan 2006b, p. 17). In line with this argument, Dr. Sano Koutoub Moustapha (Different Fatwas, 2015), responding to a query on handling contradictory rulings, finds that differences are normal since scholars have differing methodology and principles. He notes that Islam does not compel following of Ijtihad, but that fatwas must be issued by qualified scholars. Muslims are allowed to choose opinions pertinent to them, with stronger foundations or exercise their own judgement. According to Dr. Moustapha, all verdicts are acceptable (Different Fatwas, 2015). Shaykh Muhammad Saalih al-Munajjid reiterates that only knowledgeable persons can give fatwas which should be based on a proper evidential foundation (Islamqa.info 2015). It is well established that some foods, for instance,

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