The World of Fatwas or the Shariah in Action

1. Fatwas: Shariah in Action, Revealing Ulema Influence

In a word, fatwas are the shariah in action.

Fatwas Defined. Fatwas are decrees or rulings issued by recognized Islamic authorities, individuals, or institutions like Dar al-Ulum at Deoband, on various issues presented to them by Muslims or taken up suo motu. These rulings accumulate and are compiled, becoming both high literature and a practical guide for the faithful, shaping the community's conduct and mindset.

Influence of Fatwas. The local maulvi, to whom the average Muslim turns for guidance, relies on these fatwas to resolve disputes and provide answers to life's problems. The mufti issuing fatwas must possess encyclopedic knowledge, tackling matters from personal hygiene to international relations. Collections of fatwas fill shelves in Muslim areas, treated with the care associated with sacred literature.

Lack of Scholarly Attention. Despite their importance, fatwas have been largely ignored by intellectuals, both secular and Muslim, due to derivative scholarship, fear of exposing uncomfortable truths, and plain funk. This study aims to fill that gap by analyzing five collections of fatwas, revealing the mindset of the ulema and the concerns of the Muslim community.

2. Islam's Totalitarian Premise: Regulating All of Life

In a word, they had, and to this day have, a decisive say in the day-to-day life of an ordinary Muslim.

Totalitarian Claim. Islam, like other totalitarian ideologies, claims the right to regulate every detail of life, not just matters of the spirit. This premise grants the ulema, who interpret and enforce the shariah, immense control over the daily lives of ordinary Muslims.

Examples of Regulation. The fatwas tackle a wide range of subjects, from personal hygiene and marital relations to complex legal issues and even cosmological questions. This all-encompassing approach leaves no aspect of a Muslim's life untouched by religious authority.

Consequences of Control. This totalitarian premise, combined with Islam becoming the state religion, creates a system where the ulema wield vast authority. The lethal edge to their power comes from the medieval nature of the state and the tradition of enforcement through parastatal terrorism.

3. Believers vs. Kafirs: An Ideology of Separateness

To consider one’s creed as superior to that of every non-Muslim is the duty of a Mussalman.

Core of Islam. From its beginnings, Islam has been linked with the state, using religion as an instrument for defining and welding a group, and rationalizing the conquest and subjugation of others. This has led to a strong emphasis on distinguishing believers from non-believers.

Anxiety and Control. There's an anxiety about the revelations, leading to strict embargoes on examining them. This stems from fears that the doctrines won't withstand scrutiny and that questioning them would undermine the authority of the Prophet.

Emphasis on Externals. This anxiety has led to a focus on externals, particularly those that set the community apart from others. This insistence on separateness has been a constant theme throughout Islamic history and is reflected in the fatwas.

4. The Ulema's Power: Intimidation, Networks, and Control

And the reason they prevail over the reformers is that the propositions they articulate, the mindset they seek to perpetuate are indeed the propositions and the mindset which the founts of Islam—the Quran and the Sunna of the Prophet—prescribe.

Intimidation and Power. The ulema exercise decisive influence through intimidation, medieval practices, and the power to issue fatwas. This power is rooted in the historical link between Islam and the state, where the ulema provided rationalizations for rulers.

Networks and Institutions. The ulema control mosques, madrasahs, and seminaries, forming "Old Boy Networks" that enable them to ignite the community. They also control organizations that speak in the name of Islam, and are supported by funds from Islamic sources and the Indian state.

Ideology of Separateness. The ulema's power rests on distancing the flock from the rest, creating anxiety and fear of being swallowed up by the surrounding mass. This is achieved through a totalitarian premise that Islam encompasses every detail of life, and a millenarian belief that the millennium will dawn when Islam prevails.

5. Reformers' Dilemma: Bending to Ulema or Facing Wrath

In India, these days in particular, one must proceed with care and due circumspection.

Historical Pattern. Throughout Islamic history, reformers have faced a difficult choice: bend to the ulema or face their wrath. This pattern of intimidation has stifled reformist impulses and deterred others from challenging the ulema's authority.

Examples of Suppression. Sufis, who emphasized direct perception over rules and ritual, were set upon as heretics. Shah Waliullah, who advocated reinterpretation of Islamic texts, faced opposition and violence. Sir Syed Ahmed Khan, who urged reinterpretation and rationalization of Islamic dogma, was abused and threatened with death.

Consequences of Ambivalence. Even influential figures like Iqbal, Maulana Azad, and Dr. Zakir Hussain were forced to temporize, diluting their reformist messages. This ambivalence has perpetuated the ulema's power and hindered progress in Muslim society.

6. The Liberal's Role: Apologetic, Defensive, and Ineffective

The liberal Muslim is as distant from the Muslim community as he is from the texts.

Apologetic Stance. The Muslim liberal is often apologetic and defensive, lacking the self-confidence to challenge the ulema's authority. They are distant from the Muslim community and the canonical texts, making them ill-equipped to counter the ulema's assertions.

Fear of Consequences. The liberal Muslim is easily frightened away by the minatory ranting of fundamentalists, and seldom speaks out on "Islamic" issues. They are often more concerned with not "helping the enemies of Islam" than with bringing about meaningful change.

Ineffectual Efforts. The liberal Muslim's efforts to engage in dialogue with the ulema are often futile, as the ulema have no incentive to recognize them as equals. Their defensiveness and lack of resources make them easily marginalized and ineffective in challenging the ulema's power.

7. The Quran and Hadis: Foundations of Ulema's Worldview

It is not just ignorance of the texts which defeats the liberal. It is that ulema are faithful to the texts.

Ulema's Strength. The ulema's power stems from their ability to cite the Quran and Hadis, which are regarded as the ultimate authorities in Islam. This allows them to enforce their interpretations and maintain control over the community.

Totalitarian Ideology. The ideology of Islam, as interpreted by the ulema, is totalitarian and millenarian. It lays claim to regulate the totality of life and promises a millennium when Islam prevails, justifying the use of any means to achieve its goals.

Faithfulness to Texts. The ulema's strength lies in their faithfulness to the Quran and Hadis, which prescribe the propositions and mindset they seek to perpetuate. This makes it difficult for reformers to challenge their authority, as they can always be accused of deviating from the true path.

8. Externals and Identity: From Distinctiveness to Aggression

In Islam all questions are religious questions.

Fixation on Externals. The ulema emphasize externals, such as rituals, dress, and dietary laws, as essential markers of Muslim identity. This focus on externals is rooted in the anxiety to distinguish Islam from other religions and to maintain a sense of separateness.

Aggressive Assertion. The ulema often promote an aggressive assertion of these externals, making being aggressive the external that sets the community apart. This can be seen in their insistence on slaughtering cows and their condemnation of those who do not adhere to their prescribed norms.

Total Control. By regulating even the most mundane aspects of life, the ulema seek to exert total control over the community, leaving no room for individual autonomy or dissent. This totalitarian approach is a key source of their power.

9. Double Standards: Unequal Treatment of Believers and Kafirs

The problem is not the particular issue which erupts... the problem is that the Muslim community remains in thrall of the ulema, that the ulema need, and are therefore insistent on an ideology of separateness; and that they have the means to enforce this ideology.

Inherent Inequality. The ulema perpetuate a system of double standards, where believers and non-believers are treated unequally. This is justified by the belief that Muslims are superior and that non-Muslims are inherently untrustworthy and deserving of subjugation.

Examples of Discrimination. This double standard is evident in the ulema's views on conversion, punishment, and the permissibility of certain actions. For instance, it is considered a duty to convert non-Muslims, but apostasy from Islam is punishable by death.

Consequences of Separateness. The ideology of separateness, combined with the ulema's power to enforce it, creates a climate of fear and animosity, hindering integration and progress in multi-religious societies. This is the core problem that must be addressed to foster a more inclusive and harmonious society.

10. The Labyrinth of Law: Ambiguity and Ulema Power

It is not just ignorance of the texts which defeats the liberal. It is that ulema are faithful to the texts.

Ambiguity as a Tool. The shariah, far from being a clear and definite code, is often ambiguous and open to interpretation. This ambiguity is a key source of the ulema's power, as it allows them to decide matters according to their own preferences and biases.

Endless Debates. The ulema engage in endless debates over minute details, creating categories and subcategories that never end. This complexity makes it difficult for ordinary Muslims to understand the law and forces them to rely on the ulema for guidance.

Power of Interpretation. The ulema's power to interpret the shariah gives them a decisive say in the day-to-day lives of Muslims. This power is further enhanced by the fact that they can always cite the Quran and Hadis to support their rulings, making it difficult for anyone to challenge their authority.

11. The Allure and Peril of Millenarianism: A Call to Action

It is the ideology of Islam itself: it is totalitarian, and it is millenarian.

Totalitarian and Millenarian. The ideology of Islam, as interpreted by the ulema, is both totalitarian and millenarian. It lays claim to regulate the totality of life and promises a millennium when Islam prevails, justifying the use of any means to achieve its goals.

Need for Foundational Critique. The author calls for a foundational critique of Islam, urging Muslims to break free from the thrall of the ulema and to embrace a more liberal and tolerant interpretation of their faith. This requires a careful examination of the Quran and Hadis, and a willingness to challenge the ulema's authority.

Call to Action. The author urges those angered or embarrassed by the material to turn to the original sources, analyze them, and broadcast their findings. This is the way to help free Muslims from the thrall of the ulema and to take this initial study a step further.

Last updated: April 2, 2025