Supreme Court statement not to include Fatwa as legal law and it’ll remain as supreme judgment to Muslims only.

Supreme Court statement not to include Fatwa as legal law and it’ll remain as supreme judgment to Muslims only.

New Delhi:26/02/2014: OBB: Supreme Court on Tuesday affirmed that the unfavourable concept of fatwa to citizen (indiviual) which ever put by muslim authorities as judgment on perticular person’s activity, it reamins as law according to Islam and it’s follower. And conpect of Fatwa is different from Law of Indian constitution. As a secular country Supreme court will not interact the law of Islam, and It’ll remain supreme judgment to muslims according to Islam.

It ‘ll be religious judgments allways. Therefor Fatwa had no sanction in law.

What is FATWA?

A fatwā (Arabic: فتوى‎; plural fatāwā Arabic: فتاوى‎) in the Islamic faith is the term for the legal judgment or learned interpretation that a qualified jurist or mufti can give on issues pertaining to the Islamic law. The person who issues a fatwā is called, in that respect, a Mufti, i.e. an issuer of fatwā, from the verb أَفْتَى ‘aftā = “he gave a formal legal opinion on”. This is not necessarily a formal position since most Muslims argue that anyone trained in Islamic law may give an opinion (fatwā) on its teachings. If a fatwā does not break new ground, then it is simply called a ruling.

An analogy might be made to the issue of legal opinions from courts in common-law systems. Fatwās generally contain the details of the scholar’s reasoning, typically in response to a particular case, and are considered binding precedent by those Muslims who have bound themselves to that scholar, including future muftis; mere rulings can be compared to memorandum opinions. The primary difference between common-law opinions and fatwās, however, is that fatwās are not universally binding; as sharia law is not universally consistent and Islam is very non-hierarchical in structure, fatwās do not carry the sort of weight that secular common-law opinions do.                                “source- internet”