Conference on fatwas: Discouraging issuance of edicts by non-state actors

Discussions on absence of formal structure to verify edicts, militants’ defence of actions.

ISLAMABAD: Religious scholars will discuss the contentious issue of fatwa issued by non-state actors at a conference being held in Islamabad on Monday. The conference aims at regulating such religious edicts through an authorised legal body.

The two-day international conference on ‘Fatwa as a Non-State Legal System’ is being organised by the International Islamic University’s (IIUI) Faculty of Shariah and Law (FSL) in collaboration with the Islamic Research Institute (IRI), Shariah Academy, Higher Education Commission (HEC), and Jordan’s Al-Wastia Forum, at the Quaid-i-Azam Auditorium of the Faisal mosque campus of the university.

As many as 60 foreign and Pakistani scholars will present their research papers in the conference that will open at 10am. The scholars will review the controversial ‘fatwa’ system in Pakistan, which is being administered by non-state actors, which create controversies. Pakistan is one of the few Muslim countries where fatwas are issued by non-state actors, unlike states such as Saudi Arabia, Jordan, Egypt, and the UAE.

Talking about the objective of the conference, FSL Dean Dr Ziaul Haq said Pakistan is the only country where individuals are issuing fatwas without any proper legal body to regulate this important aspect of Islamic law.



Dr Haq explained that many legal and moral complications arise due to the issuance of fatwas by unauthorised non-state actors, and this needs to be properly regulated and channelised. He gave the example of divorce, where both parties are often able to get fatwas in their favour from different scholars. He particularly mentioned that militants get fatwas in their own interest and contrary to this, common people reject such decrees.

Dr Haq said that they have invited scholars from different schools of thought, madaris, universities and the legal fraternity to present their papers on the subject.  An academic committee has been constituted to review the papers and recommendations will be forwarded to the concerned authorities at the end of the conference to push for the establishment a proper system.

The foreign scholars include Maravan Al-Faouri, Prof Dr Muhammad Ahmad Hassan Al-Qudh, Dr Muhammad Ahmad Masallam Al-Khalailah, Dr Zaid Al-Muhaisen from Jordan, Dr Yahya Al-Umari from Saudi Arabia, Izzuddin Bin Zagheeba from the United Arab Emirates, and Dr Abu Hazzaa Al-Ghamidi.



Foreign scholars based in Pakistan including Muhammad Bin Sa’ad Al-Dausari, Cultural Attaché of Saudi Arabia, LUMS Associate Prof Dr Livia Holden, and scholars from IIUI including university President Prof Ahmad Yousif Al-Draiweesh, Dr Sanaullah al-Azhari, Prof Dr Al Daif Natoor, Dr Ahmad Yousaf Jamal Al-Zamzami, Dr Akram Badawi and Dr Abdullah Rizk will also present their research papers.

Published in The Express Tribune, December 3^rd, 2012.