A mufti (; , ) is an Islamic jurist qualified to issue a nonbinding opinion (fatwa) on a point of Islamic law (sharia). The act of issuing fatwas is called iftāʾ. Muftis and their fatāwa have played an important role throughout Islamic history, taking on new roles in the modern era.
Tracing its origins to the Quran and early Islamic communities, the practice of ifta crystallized with the emergence of the traditional legal theory and schools of Islamic jurisprudence (madhahib). In the classical legal system, fatwas issued by muftis in response to private queries served to inform Muslim populations about Islam, advise courts on difficult points of Islamic law, and elaborate substantive law. In later times, muftis also issued public and political fatwas that took a stand on doctrinal controversies, legitimized government policies or articulated grievances of the population.
Traditionally, a mufti was seen as a scholar of upright character who possessed a thorough knowledge of the Quran, hadith and legal literature. Muftis acted as independent scholars in the classical legal system. Over the centuries, Sunni muftis were gradually incorporated into state bureaucracies, while Shia jurists in Iran progressively asserted an autonomous authority starting from the early modern era.
With the spread of codified state laws and Western-style legal education in the modern Muslim world, muftis generally no longer play their traditional role of clarifying and elaborating the laws applied in courts. However, muftis have continued to advise the general public on other aspects of sharia, particularly questions regarding religious rituals and everyday life. Some modern muftis are appointed by the state to issue fatwas, while others serve on advisory religious councils. Still others issue fatwas in response to private queries on television or over the internet. Modern public fatwas have addressed and sometimes sparked controversies in the Muslim world and beyond.
The legal methodology of modern ifta often diverges from pre-modern practice. While the proliferation of contemporary fatwas attests to the importance of Islamic authenticity to many Muslims, little research has been done to determine to what extent the Muslim public continues to acknowledge the religious authority of muftis or heeds their advice.
Terminology
The word mufti comes from the Arabic root f-t-y, whose meanings include "youth, newness, clarification, explanation." A number of related terms derive from the same root. A mufti's response is called a fatwa. The person who asks a mufti for a fatwa is known as mustafti. The act of issuing fatwas is called iftāʾ. The term futyā refers to soliciting and issuing fatwas.
Origins
The origins of muftis and the fatwa can be traced back to the Quran. On a number of occasions, the Quranic text instructs the Islamic prophet Muhammad how to respond to questions from his followers regarding religious and social practices. Several of these verses begin with the phrase "When they ask you concerning ..., say ..." In two cases (4:127, 4:176) this is expressed with verbal forms of the root f-t-y, which signify asking for or giving an authoritative answer. In the hadith literature, this three-way relationship between God, Muhammad, and believers, is typically replaced by a two-way consultation, in which Muhammad replies directly to queries from his Companions (sahaba).
According to Islamic doctrine, with Muhammad's death in 632, God ceased to communicate with mankind through revelation and prophets. At that point, the rapidly expanding Muslim community turned to Muhammad's Companions, as the most authoritative voices among them, for religious guidance, and some of them are reported to have issued pronouncements on a wide range of subjects. The generation of Companions was in turn replaced in that role by the generation of Successors (tabi'un). The institution of ifta thus developed in Islamic communities under a question-and-answer format for communicating religious knowledge, and took on its definitive form with development of the classical theory of Islamic law. By the 8th century CE, muftis became recognized as legal experts who elaborated Islamic law and clarified its application to practical issues arising in the Islamic community.
In pre-modern Islam
Mufti's activity (iftāʾ)
The legal theory of the ifta was formulated in the classical texts of usul al-fiqh (principles of jurisprudence), while more practical guidelines for muftis were found in manuals called adab al-mufti or adab al-fatwa (etiquette of the mufti/fatwa).
A mufti's fatwa is issued in response to a query. Fatwas can range from a simple yes/no answer to a book-length treatise. A short fatwa may state a well-known point of law in response to a question from a lay person, while a "major" fatwa may give a judgment on an unprecedented case, detailing the legal reasoning behind the decision. Queries to muftis were supposed to address real and not hypothetical situations and be formulated in general terms, leaving out names of places and people. Since a mufti was not supposed to inquire into the situation beyond the information included in the query, queries regarding contentious matters were often carefully constructed to elicit the desired response. A mufti's understanding of the query commonly depended on their grasp of local customs and colloquial expressions. In theory, if the query was unclear or not sufficiently detailed for a ruling, the mufti was supposed to state these caveats in their response. Muftis often consulted another mufti on difficult cases, though this practice was not foreseen by legal theory, which saw futya as a transaction between one qualified jurist and one "unqualified" petitioner.
In theory, a mufti was expected to issue fatwas free of charge. In practice, muftis commonly received support from the public treasury, public endowments or private donations. However, taking bribes was forbidden. Until the 11th or 12th century, the vast majority of jurists held other jobs to support themselves. These were generally lower- and middle-class professions such as tanning, manuscript copying, or small trade.
Role of muftis
The classical institution of ifta is similar to jus respondendi in Roman law and the responsa in Jewish law.
Muftis have played three important roles in the classical legal system: managing information about Islam by providing legal advice to Muslim populations as well as counseling them in matters of ritual and ethics; advising courts of law on finer points of Islamic law, in response to queries from judges; elaborating substantive Islamic law, particularly through a genre of legal literature developed by author-jurists who collected fatwas of prominent muftis and integrated them into books.
Islamic doctrine regards the practice of ifta as a collective obligation (farḍ al-kifāya), which must be discharged by some members of the community. Before the rise of modern schools, the study of law was a centerpiece of advanced education in the Islamic world. A relatively small class of legal scholars controlled the interpretation of sharia on a wide range of questions essential to society, ranging from ritual to finance. It was considered a requirement for qualified jurists to communicate their knowledge through teaching or issuing fatwas. The ideal mufti was conceived as an individual of scholarly accomplishments and exemplary morals, and muftis were generally approached with the respect and deference corresponding to these expectations.
Judges generally sought an opinion from a mufti with higher scholarly authority than themselves for difficult cases or potentially controversial verdicts. Fatwas were routinely upheld in courts, and if a fatwa was disregarded, it was usually because another fatwa supporting a different position was judged to be more convincing. If a party in a dispute was not able to obtain a fatwa supporting their position, they would be unlikely to pursue their case in court, opting for informal mediation instead, or abandoning their claim altogether. Sometimes muftis could be petitioned for a fatwa relating to a court judgement that has already been passed, acting as an informal appeals process, but the extent of this practice and its mechanism varied across history. While in most of the Islamic world judges were not required to consult muftis by any political authority, in Muslim Spain this practice was mandatory, so that a judicial decision was considered invalid without prior approval by a legal specialist.
Author-jurists collected fatwas by muftis of high scholarly reputation and abstracted them into concise formulations of legal norms for the benefit of judges, giving a summary of jurisprudence for a particular madhhab (legal school). Author-jurists sought out fatwas that reflected the social conditions of their time and place, often opting for later legal opinions which were at variance with the doctrine of early authorities. Research by Wael Hallaq and Baber Johansen has shown that the rulings of muftis collected in these volumes could, and sometimes did, have a significant impact on the development of Islamic law.
During the early centuries of Islam, the roles of mufti, author-jurist and judge were not mutually exclusive. A jurist could lead a teaching circle, conduct a fatwa session, and adjudicate court cases in a single day, devoting his night hours to writing a legal treatise. Those who were able to act in all four capacities were regarded as the most accomplished jurists.
Qualifications of a mufti
The basic prerequisite for issuing fatwas under the classical legal theory was religious knowledge and piety. According to the adab al-mufti manuals, a mufti must be an adult, Muslim, trusted and reliable, of good character and sound mind, an alert and rigorous thinker, trained as a jurist, and not a sinner. On a practical level, the stature of muftis derived from their reputation for scholarly expertise and upright character. Issuing of fatwas was among the most demanding occupations in medieval Islam, and muftis were among the best educated religious scholars of their time.
According to legal theory, it was up to each mufti to decide when he was ready to practice. In practice, an aspiring jurist would normally study for several years with one or several recognized scholars, following a curriculum that included Arabic grammar, hadith, law and other religious sciences. The teacher would decide when the student was ready to issue fatwas by giving him a certificate (ijaza).
During the first centuries of Islam, it was assumed that a mufti was a mujtahid, i.e., a jurist who is capable of deriving legal rulings directly from the scriptural sources through independent reasoning (ijtihad), evaluating the reliability of hadith and applying or even developing the appropriate legal methodologies. Starting from around 1200 CE, legal theorists began to accept that muftis of their time may not possess the knowledge and legal skill to perform this activity. In addition, it was felt that the major question of jurisprudence had already been addressed by master jurists of earlier times, so that later muftis only had to follow the legal opinions established within their legal school (taqlid). At that point, the notions of mufti and mujtahid became distinguished, and legal theorists classified jurists into three or more levels of competence.
Unlike the post of qadi, which is reserved for men in the classical sharia system, fatwas could be issued by qualified women as well as men. In practice, the vast majority of jurists who completed the lengthy curriculum in linguistic and religious sciences required to obtain the qualification to issue fatwas were men. Slaves and persons who were blind or mute were likewise theoretically barred from the post of a judge, but not that of mufti.
Mufti vs. judge