The issuing of fatwas must be codified, argues Abdel-Wahab Elmessiri* Who has the right to issue a fatwa ? What are the necessary academic qualifications? What happens in the event that such religious decrees contradict one another? That such questions are being raised with increasing frequency is a result of the growing number of people who allow themselves to issue fatwas on satellite television and in other media forums without the knowledge that is necessary to exercise this right. As a literary critic I appreciate the difficulty involved in issuing fatwas. A literary critic must be thoroughly acquainted with the theory, language, traditions, mechanisms and legacy of his given field if he is going to be able to offer a sophisticated, insightful and well-grounded critique of a given text. Without such knowledge he can produce only subjective impressions. I have long followed contemporary developments in the plastic arts in Egypt. I've been greatly impressed by the works of many artists, several of whom I count among my friends. However, when asked my opinion of a particular painting or statue, I will quickly point out that I am not an expert and therefore can only offer an amateur opinion. Only after stating this will I offer my impressions. The same principles and attitudes should apply to religious affairs: indeed, given their importance, they should apply more rigorously. As conscious as I am of all the problems involved in issuing fatwas, I am simultaneously aware of the complexities of modern life and of the expanse and diversity of knowledge that has followed in the wake of the revolution in information technology. Statistics tell us that whereas at the dawn of history human knowledge doubled every thousand years, today it doubles every five years. In other words, it is impossible for any one individual to know all there is to know about a single subject. Consider, too, that whereas at the beginning of the 20th century the largest university library in the US contained no more than a couple of hundred books, even the most modest university library today houses millions. Add to this the information available to scholars through computer databases and you begin to appreciate the magnitude of the information explosion that is both our blessing and our bane. A dual awareness of the difficulties involved in formulating religious decrees and the complexities of modern life has led me to an idea that I believe can help us avoid errors. Let me take as an example the question of DNA cloning. Many have already made pronouncements on this subject, but were their pronouncements founded on actual knowledge of genetic science and the philosophical and moral implications of cloning? Would it not be more sensible to delegate such matters to a joint committee of Islamic jurists and scientists? The scientific experts could then explain the theory and technology of DNA cloning in light of which religious experts would draw on their field of expertise to identify the moral problems and dilemmas that might arise from the applications of DNA cloning. After studying the subject from all angles the committee will be able to reach an informed and appropriate decision. Although such a process restricts the freedom of individual jurists cost-benefit analysis quickly shows that this is not a disadvantage but a net gain. Issuing fatwas is too serious a matter to be left unregulated. Let me take another example: the fatwa that prohibited bullfighting. As much as I personally disapprove of bullfighting I must admit that the fatwa surprised me. Where will it stop? What is to prevent someone from taking this fatwa as the basis for prohibiting other violent sports -- wrestling, for example, which I also dislike? I believe that whoever issues a fatwa must do the following: when embarking on an issue in light of religious strictures he must not rely solely on the literal interpretation of the individual Quranic passages he regards as relevant but also take into consideration how these passages relate to the entirety of the Quranic text and the Sunni creed as a structural and coherent whole. In other words he must adopt a holistic Quranic approach as opposed to selectively citing this verse or that to uphold a particular decision and, perhaps, his personal prejudices. Secondly, he should consult the relevant specialists. If usury is the subject at hand, he should turn to economists and ask, for example, what is the difference between usury and bank interest rates? What is inflation? What is involved in stock market speculation? Or, on the question of cloning, he should turn to geneticists and bio-technicians who are best acquainted with the terrain of their microscopic world. Thirdly, he should supply a substantial, scientifically formulated justification for his ruling. He should cite all the previously issued fatwas that have bearings on the subject at hand (now easily done with the aid of the computer), divide these into those with which he agrees and those with which he takes issue, and clarify his reasoning in both cases. Issuing fatwas thus becomes a democratic and educational process with considerable potential to inform and morally benefit both the individual Muslim and Muslim society as a whole. This coupling of transparency with enlightenment endows the fatwa process with humanitarian substance. After all, it is difficult to expect a fellow rational human being to obey a fatwa the logic behind which, and the ramifications of, are kept a mystery. In addition, this method of issuing fatwas would ensure a form of epistemological accumulation. No expert in the natural or human sciences can possibly formulate a new opinion on a subject under study without having first studied the relevant existing literature and ascertaining or refuting its veracity or applicability on the basis of empirical evidence or logic. Surely the same should apply in a matter as vital to Muslims as fatwas, which guide their personal behaviour, their relations with one another and society, and their interaction with the world. Without the application of a form of transparent and scientific discipline along the lines I have described the fatwa will be reduced to a weapon in the service of individual whims or the regime that pays the mufti's salary. What I have proposed is a way to liberate the fatwa from the grip of the ruler, to free it of personal prejudice, ignorance, opportunism and fanaticism. * The writer is author of The Encyclopaedia of the Jews, Judaism, and Zionism: A New Explanatory Paradigm .
