FATWAS ISSUED BY MISINTERPRETATION OF THE SHARIA, A VIOLATION OF HUMAN RIGHTS: IN THE LIGHT OF THE CASE VISHWA LOCHAN MADAN V UNION OF INDIA
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Abstract
Islamic law has primarily four sources- the Holy Quran, the Sunnath and Hadis, the Ijma and the Qiyas. The Quran, according to Muslim belief, represents the accumulation of the verses revealed by God to Prophet Muhammad. The Quran is aimed at establishing basic standards for Muslim societies and guiding these communities in terms of their rights and responsibilities. The Sunnath and Hadis represent model behavior and is referred to as the tradition and practices of Muhammad. The Ijma is a collective opinion of the Islamic jurists. The Qiyas are the analogical deduction obtained from the above three sources. Together, these make up the Sharia.
Fatwa in Islam is a suggestion or instruction which is issued by an Islamic scholar keeping in view the Sharia and Islamic laws. Usually the right to issue Fatwa is with the scholar on the post of Mufti. Many Islamic institutions have even constituted a separate committee of scholars for the purpose of issuing. One more thing should be clear regarding Fatwas that, these Fatwas are only suggestions, and not Islamic orders or directions. To follow any Fatwa or not entirely depends on individual Muslim. Fatwas are not binding. Muslim clerics from time to time have issued Fatwas relating to economic matters, marriage, women ethics and religious rituals etc.
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