IS FATWA BEING MISUSED IN INDIA?

Say the word fatwa and eyebrows are raised and not without reason. The reactions to the ones popularly reported are often sharp and polarised. On the one hand are the shrill voices lambasting the fatwa culture - various Islamic institutions have been called 'fatwa factories' on account of this. On the other are those expressing reverence for they are the words of 'muftis', men 'well versed' with the Islamic jurisprudence. It consists as no surprise that the recent fatwa against A R Rahman for his contribution to the Iranian film Muhammad: The Messenger of God, has eleicited similar responses.
"Hurting religious sentiments", the cringe-worthy, oft cited reason behind such calls, was one of the reasons behind the fatwa by Mumbai based Raza Academy which is said to be responsible for the Azad Maidan riots of 2012. But the folks at the academy, which has strong Sufi affiliations, did not stop at that. They went a step further, into his personal space. They instructed the maestro to renew his faith and also perform the nikah once again. A move which implies that the folks have driven him out of the fold of Islam. This has been described as 'harsh' by local scholars from the city, but in hushed tones, fearing reprisals. Composing score for a film does not make one an apostate, they argue.
A little digging into the issue reveals that it was none other than Raza Academy's own general secretary, Saeed Noori, who had asked for the fatwa. In fact, according to the academy member Maulana Khalil ur Rahman's own admission, those who have issued the fatwa did not watch the film and all the 'impressions' of blasphemy were derived from the film's promos.
It is unfortunate to see A R Rahaman, a virtuoso who has composed many a qawwali naat, hamd and munkhabat, all in praise of God, the Prophet and revered Sufis, being pushed into a corner and forced to react. The message of his recent polite but firm rebuttal is clear. He appears to convey that he has done his bit to refute the much distorted perception of Islam and his Prophet. It is also clear that he understands how audio-visual media can be used to counter such distortions in an age of Islamophobia. There are a host of such controversial fatwas. The Darul Ifta of Darul Uloom, Deoband issued a series of fatwas which deemed music as haram. Similarly, in 2008, it described the process of celebrating birthdays as an 'invention of the West' and against Islam.
A closer look reveals that there are certain inadequacies in the system of issuing fatwas. A fatwa, in simple terms, is 'to reply'. It is a response to ifta, meaning 'to ask'. It is a jurisprudential ruling which is not binding on the person seeking the fatwa, though it is recommended that the person heed the religious advice.
What is interesting is that the mufti gives his opinion based solely on the questions that are asked on paper. He does not ask counter questions. And as scholars themselves put it, surprisingly, it is not the mufti's purview to go beyond these questions. It is these inadequacies that have, on many occasions, led to issuance of conflicting fatwas on the same subject from the same institution. Case in point: the recent conflicting fatwas from the same  Darul Ifta in the city pertaining to the demolition of a mosque. While one held it responsible, the other prohibited it! The trick to get a fatwa in one's favour, it appears, lies in framing the questions cleverly.
In such a scenario, there are some scholars who have been suggesting that changes be made in the existing setup. These changes include the limiting of Darul Iftas to only larger and reputed madrasas with a strong infrastructure - such as a vast number of books of reference and seasoned scholars. The other suggestions pertaining to going beyond responding to only the questions on paper and getting to the bottom of the matter.
For example, if the matter pertains to a property or marital dispute, these scholars suggest, that the other party must be contacted as well so as to understand their standpoint. However, the response to such suggestions appears to be indifference. 
And till a time there are heeded, more people like A R Rahman will continue to be 'pushed out' of the fold of Islam, more so with right-wing organisations like the VHP that will call for his ghar wapsi.
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