Fatwas sought to ensure unity, but it appears, in this age of instant media and communications, that they are now sowing discord, writes Seif Abdel-Fattah* The developments that the Islamic nation is undergoing require legal interpretive efforts -- ijtihad -- appropriate to their composition and complexity. We must be fully cognisant of all circumstances so as to gain a deeper understanding of the developments for which fatwas, or legal opinions, are issued. And fatwas required in this age of rapid, interconnected change must not take on the traditional forms for issuing legal rulings. Fatwas can be classified into individual fatwas and those for the nation as a whole. Fatwas can be requested by individuals, groups or institutions, or can be produced without request when there is a public opinion issue that the mufti (the issuer of fatwas ) needs to address. In such cases, the mufti does so with the goal of reaching a sufficient and transparent legal response to the issue at hand so as to determine the all- inclusive interests of the nation. It is beyond the scope of this article to discuss the content of such fatwas and the legal conjecturing they are based on. Such a topic is the domain of those interested in the legal formulations of fatwas and the congruity of their argumentation with the issues at hand, the work of scholars involved in ijtihad. Rather, this article seeks to examine the process of issuing fatwas in light of new developments and numerous circumstances. Fatwas are requested to rule on issues that have garnered widespread interest, and this article examines what I call the "conditions of issuing fatwas ", including the most important reasons for them, their characteristics, and their requirements, and particularly with regard to fatwas for the nation. Close attention must be paid to the variables that form any given circumstances, and these must be taken into consideration when forming fatwas on unprecedented issues. Attention must be paid to the circumstances of a given country, of nation-states, and of the division of states with a Muslim majority. Doing so requires the establishment of a revived Islamic jurisprudence, or fiqh, that takes the nation-state into consideration. This may require establishing a fiqh particular to any given nation-state, insofar as it takes unique circumstances into consideration. Communications and information have formed a major factor of change and influence in international relations and so- called globalisation, and have added complexity to the nation's issues and problems that have come, in turn, to affect relations between states and the call for alliances to attack others in light of global policies. Various circumstances may interact to compel Muslim states to enter alliances against other Muslim states and to join the camp of non-Muslim states. This is but one example of the circumstances imposed by what we might call the "globalisation of alliances". The residency of Muslims in Western countries, their rising numbers there, and the consequent groupings of Muslims or their participation in other groupings with the aim of defending the interests of Muslim communities, all comprise a beneficial situation that must be maintained. Yet, due to the interconnectedness of international relations, it also requires an Islamic jurisprudence concerned with minorities. It must be stressed, however, that the need to take circumstances into consideration does not mean approval of them or bowing to their pressure. The nation's fatwas are one of the most important factors that allow the field of jurisprudence to maintain its role in the nation and its development, and to participate in extricating it from its state of confusion, chaos and turmoil. The field of jurisprudence, it playing a role of leadership, must act clearly and with guidance (the saying goes that leaders do not mislead their people). Fatwas on issues of confusion must not be treated in a confusing manner. Fatwas on crises and strife must not turn into strife based on the fatwa. Such cases would either further inflame strife or increase confusion. Likewise, fatwas on wars must not turn into wars for fatwas. These guidelines must be kept in mind so that fatwas maintain their value as a guide for the behaviour of Muslims. Education about fatwas is an additional burden that the jurisprudential field, as a leader, must bear. Those seeking fatwas -- whether individuals or groups -- must be educated. The fatwas of a nation demand the interest of all. The nation seeks refuge in its scholars, pleading for sufficient, transparent responses that bring the nation together and prevent its disunion. And thus it may be a surprise to some that differences between fatwas are natural, although differences to the point of contradiction can cause calamities on the Muslim street and for those issuing them. People are aware that fatwas can comprise the cure for the nation's ills, and also realise that there are two kinds of differences -- differences in degree and form and differences leading to outright contradiction. People are furthermore cognisant of the fact that the majority of differences between fatwas recently, largely due to political circumstances, have been of the contradictory type, adding more confusion to already confusing issues. As such, Islamic scholars must call for action appropriate to the circumstances that lead people to resort to them. They must call for the establishment of jurisprudential assemblies for the nation. Assemblies are convened for issues much less urgent, which do not affect the very being of the nation, and which create strife that must be overcome. This has placed the field of issuing fatwas in a highly complex situation that has failed to resolve the confusion of Muslims. The issuing of fatwas has continuously been repeated, and conflicting fatwas have been issued. Questioning over issues, confusion over fatwas, and confusing fatwas have all led to the appearance of instant fatwas and fatwas on the Internet and satellite channels. The wide-scale formulation of fatwas has become a requisite of all communication channels. This has led to a chaos of fatwas, particularly with regard to the nation's issues. Instant fatwas are produced and simultaneously consumed, and fatwas are issued on everything. The arena of fatwas has become one of the most important means of observing the shortcomings of the Muslim mind in thinking, planning, influencing and educating. Questions have arisen that produce something closer to an art of persuasion using fatwas than actual cases and their relevant fatwas. Fatwas have appeared to absolve both those seeking fatwas (who want to put their minds at ease, justify their position with silence and handing the case over to the mufti to take responsibility for them and all those in the nation) and muftis who dare to take them on, perhaps seeking fame. Although this group is small, communications have allowed it to be the loudest. Muslim society and the Muslim nation have fallen into the circles of fatwas of crises and confusion. There is a chaos of fatwas at a time when the nation is in utmost need of coherence and unity. Will fatwas take on their role of helping the nation to rise up, or will they form the means to its disunion and strife? * The writer is a professor of Islamic political thought at Cairo University.
