Fatwa Regulations in Divorce Issues

Abstract

This paper discusses the necessity of encompassing the Fatwa (a legal opinion on point of Islamic law) in issues of divorce with a number of regulations and restrictions. These regulations and restrictions are placed upon the Mufti (Islamic jurist who issues Fatwa) and the Mustafti (the person seeking Fatwa) in order to bring them into a judgment which is closer to that of God.The first set of regulations concerns the Mufti. The Mufti must be knowledgeably and morally qualified to issue Fatwa in general, and in the issues of divorce in particular. If the Mufti lacks knowledge about a point of Islamic law, he must acknowledge that; and refers the Fatwa question to a better knowledgeable Mufti; or refers it to the judiciary court, if he observes signs of conflict and disagreement between the married couple. The Mufti must pursue all means of facilitation for the Mustafti, making his goal to preserve the permanence of the family as much as possible.The second set of regulations concerns the Mustafti. He must be honest in portraying the issue in question, so that he becomes the Mufti’s honest guide, that would enable him to perform his duty to reach the judgment of God in this case. He should also be careful in his choice of the Mufti. The Mustafti must choose a Mufti who is known for his piety before his knowledge. He must also choose a Mufti who is accurate in his Fatwa and cautious in all the Fatwas issued by him.