Mufti: Definition, Roles, and Importance in Islamic Law

Dec 3
04:40

2023

Yusha Sayyid

Yusha Sayyid

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Imagine a term with dual meanings, both rooted in ancient tradition and yet still relevant in today’s world. The word “mufti” encapsulates this duality, representing an Islamic legal expert and civilian clothing worn by military personnel off duty.

Journey with us as we unveil the origins,Mufti: Definition, Roles, and Importance in Islamic Law Articles roles, and significance of muftis in Islamic law and everyday language.

Key Takeaways

  • Mufti is a term with two distinct meanings, one referring to an Islamic legal adviser and the other to civilian clothing worn by military personnel when not on duty.
  • Muftis are important in providing authoritative interpretations of Sharia law, guided by collective obligations from Islamic doctrine. They must possess religious knowledge, piety, good character and legal training.
  • The term “mufti” has been influential throughout history in politics as well as everyday language use for both its meanings.

Defining Mufti: Origins and Meanings

Illustration of Arabic calligraphy with the word 'mufti'

The term “mufti” carries two distinct meanings: one describing an Arabic muftī, a Muslim legal adviser who interprets Islamic law and issues fatwas, and the other denoting civilian attire worn by military personnel when not on duty. Both meanings can be traced back to the Arabic root f-t-y, signifying “youth, newness, clarification, explanation”. In this context, “mufti noun” refers to the word “mufti” itself and its dual meanings. The concept of “word mufti” highlights the importance of understanding the nuances of language when discussing complex topics such as law and culture.

The origins of muftis and fatwas are deeply ingrained in the Quran, where the Islamic prophet Muhammad is instructed on how to respond to queries from his followers regarding religious and social practices in Islamic countries, such as those that were once part of the Ottoman Empire.

Islamic Law Context

Within the context of Islamic law, muftis serve as important legal advisers, extending advice on religious, personal, and civil issues through their knowledge of Islamic jurisprudence. In Muslim countries, fatwas are non-obligatory legal opinions, whereas in Shia Islam, fatwas issued by a high-ranking living mujtahid with the title of marja’ al-taqlid are considered binding.

The process of obtaining a fatwa in Sunni Islam typically involves consulting a qualified Islamic scholar, who then provides a legal opinion based on their understanding of Islamic teachings. In contrast, Shia Islam bears similarity but consults a knowledgeable Ayatollah or Marja.

Civilian Clothing Context

In the context of civilian clothing, the term “mufti” is used to describe the ordinary clothes worn by a person, specifically military personnel when they are not in military or other uniforms. Military personnel would wear mufti in certain situations, such as interwar ANZAC Day events or when off duty.

The term has also been adapted in various countries and cultures to describe civilian clothes or informal dress for military personnel. For instance, in New Zealand, “mufti” refers to a day when individuals are permitted to wear civilian clothing instead of uniforms.

The Role of Muftis in Islamic Law

Illustration of a traditional Islamic court

Muftis have a significant role in Islamic law, providing expert opinions on complex cases, reinforcing fatwas in legal proceedings, and meeting communal obligations. They are essential in interpreting and applying Sharia law, the moral and legal code derived from the Quran and Hadith. Their fatwas can range from short articulations of widely recognized legal principles to major rulings on unprecedented cases, detailing the legal rationale behind their decisions.

Queries to muftis should address actual situations, rather than hypothetical ones, and be formulated in general terms, omitting the names of places and people. Judges have historically sought opinions from muftis with higher scholarly authority than themselves for complex cases or potentially contentious verdicts. This practice of ifta, or issuing fatwas, is considered a collective obligation (far al-kifya) in Islamic doctrine.

Qualifications of a Mufti

A mufti must possess the following qualities:

  • Solid foundation of religious knowledge, including religious law
  • Piety
  • Good character
  • Sound mind
  • Legal training

Their standing relies on their knowledge and character, frequently earning a reputation for academic excellence and ethical conduct, with a long worn tradition of success.

To become a mufti, one typically engages in the following steps:

  • Sustained study with one or multiple certified scholars, including instruction in Arabic grammar, hadith, law, and other theological disciplines.
  • Reaching a satisfactory level of understanding.
  • The teacher issuing a certificate (ijaza) to the student, authorizing them to issue fatwas.

Mufti vs. Judge

While both muftis and judges play important roles in Sharia law, they have distinct functions that result in different outcomes between a fatwa (non-binding legal opinion) and a qada (binding legal judgment). A judge in Sharia law must be a Muslim, adult, sane, and possess sufficient knowledge of the Holy Qur’an, Sunnah, and Ijma, as well as the ability to exercise personal judgment through Ijtihad. A mufti, on the other hand, should be reliable in their piety and possess the capacity to comprehend and have knowledge of Sunnah, sayings of the companions of the Holy Prophet, and Islamic law.

In the context of the Islamic judiciary system, a mufti interprets and elucidates Islamic law, while a judge is responsible for implementing and upholding it in judicial proceedings. The mufti offers legal advice and direction on spiritual matters, whereas the judge renders legal rulings and judgments in line with Islamic law.

Prominent Muftis and Their Contributions

Illustration of a grand mufti with a group of scholars

Throughout history, prominent muftis, such as grand muftis and chief muftis, have made significant contributions to Islamic law and played important roles in religious, political, and social matters. For example, scholars from Al Azhar, Haj Amin al-Husseini, the Grand Mufti of Jerusalem, and the Grand Mufti of Saudi Arabia, Sheikh Abdul-Aziz ibn Abdullah Aal Al-Sheikh, have been particularly influential.

Grand Mufti

The role of the Grand Mufti includes:

  • Advising on religious issues
  • Issuing fatwas
  • Offering non-binding opinions on novel legal matters
  • Managing information related to Islam
  • Acting as a reference point for the Muslim community regarding Islamic laws.

In some nations, the Grand Mufti may also have a panel of counselors to assist in examining cases and upholding death sentences.

Chief Mufti

The Chief Mufti, a senior mufti who supervises a particular area or institution, like a national body dedicated to issuing fatwas, has significant roles. Their responsibilities cover dispensing religious guidance, giving non-binding views on legal issues, and serving as a public intellectual and socio-cultural commentator.

Chief Muftis typically possess authority and influence over other muftis within their jurisdiction, occupying a higher position in the religious hierarchy and having the power to issue fatwas that other muftis are expected to adhere to.

Muftis in the Modern World

Illustration of a modern Islamic institution

Muftis continue to play a significant role in Islamic law, politics, and society in the modern world. Their influence is felt through modern institutions and national organizations devoted to issuing fatwas, as well as through their involvement in promoting a vision of Islam compatible with state law.

Modern Institutions

Contemporary institutions like dar al-ifta have taken the place of independent muftis as religious guides. Today, muftis respond to queries on a wide range of topics, including political conflicts, Islamic finance, and medical ethics. These establishments support the role of muftis by forming fatwa councils, offering education and training, working with scholars, and employing technology to engage broader audiences.

Muftis and Politics

Fatwas issued by muftis have played a significant role in political situations throughout history, demonstrating their continued influence in the modern world. Examples of their impact include:

  • Anti-colonial struggles, where muftis supplied religious legitimacy and direction to resistance movements
  • The Gulf War, where their fatwas provided religious rulings that either supported or condemned the war
  • The Iranian Revolution, where muftis’ influence, though not precisely documented, likely played a role in shaping the events.

Mufti in Everyday Language

Illustration of a person in civilian clothing

The term “mufti” is employed in daily language to denote both the Islamic legal authority and the civilian attire donned by military personnel when off duty. The dual meanings and origins of the term are reflected in how it is employed in various contexts, such as describing someone in their everyday attire or using it as slang for informal dress.

In everyday speech, “mufti” can refer to informal or casual clothing, characterize someone in their everyday attire, or be used as slang for informal dress. This usage demonstrates the continued relevance of the term “mufti” in both its original meaning as an Islamic legal scholar and its adapted meaning as informal dress or attire.

Summary

The intriguing duality of the term “mufti” reflects its rich history and continued relevance in both Islamic law and everyday language. As we have explored, muftis are essential in interpreting and applying Sharia law, while also holding significance in the context of civilian clothing for military personnel. Their influence in the modern world is evident through their involvement in politics, modern institutions, and everyday language. With this newfound understanding, let us appreciate the diverse contributions and roles of muftis in shaping the world around us.

Frequently Asked Questions

Why are civilian clothes called mufti?

Mufti, derived from the Arabic word for 'scholar', is a term used by the British Army since 1816 to refer to off-duty officers who wore vaguely Eastern-style clothing such as dressing gowns and tasselled caps.

Which religion has a mufti?

The Grand Mufti is a title given to the highest religious legal figure in a country practicing Sunni Islam. They are an expert on Islamic law, known as sharia, and are qualified to issue fatwas, or legal opinions, to answer inquiries on matters of secular and religious law.

Who is the mufti of USA?

The current Grand Mufti of the USA is Sheik Abdullah bin Bayyah, appointed in May 2020.

What does mufti mean in slang?

Mufti is a slang term referring to ordinary clothes worn by those who usually wear uniforms or special clothes for work or sports. It is also referred to as civies, civvies and civilian attire.

What is the difference between a fatwa and a qada in Sharia law?

A fatwa is an opinion issued by a mufti, while a qada is a binding judgment made by a judge, thus making the difference between the two evident.