The Significance of Istifta’ in the Fatwa Discourse

Abstract

I propose to analyze six important manuals of fatwa with a view to know how they define fatwa and how they see its significance in the process of fatwa-writing. According to them, a fatwa must confine itself to the contents of istifta’. These manuals also provide instructions about istifta’ and mustafti, that is, the person who poses the question. An analysis of these instructions, structures and discussions about the mustafti reveals a very significant aspect of the process. An istifta’ contains phrases about the obligation and the role of the mufta,the nature of the query and the value of the expected reply. I suggest that fatwa should be reckoned as a discourse on religious authority within the context of madhhab, taqlid and ijtihad. This essay will refer to the above manuals for the light they shed on the instructions about istifta’, as well as about its form,structure and significance. In order to explore istifta’ as a discourse on religious authority,the essay includes actual examples from the fatwa literature.