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Hamzah R. Ansari's avatar

The inability of an assembly or council issued fatwa to detail how a governing “wali al-amr” body would function is ironic and a proof in and of itself.

As you allude to, even if the scholarly body is qualified to issue a verdict regarding the legality of the action given certain conditions, it almost certainly is unqualified to conduct tahqeeq of those conditions. And the “political doctor”, so to speak, that may verify the efficacy of the medicine is likely not a neutral actor by virtue of being in that position.

I appreciate the way you framed the issue of inoperable fatwas in this article, and I suspect it will serve as a useful case study for future rulings. By AMJA’s own published standard for fatwa making, rulings should concern specific matters within their context and realities. Publishing broad fiqhi frameworks as quasi-policy papers confuses the layperson, and that includes myself. And regular invocations of Imam Ibn Taymiyyah’s words as published are welcome, but many of those entries begin with a question and background context. If those are eliminated along with the operative statements that define his rulings, what is actually being cited?

May Allah reward you.

Faheem's avatar

Love this thoughtful write-up, and I have found it to be the most level headed response. I thought that the overwhelmingly critical online criticism of the fatwa was being made on extrapolated points from the fatwa itself.

I like how you positioned it that in theory the fatwa makes sense. But the execution of the fatwa in the current reality of the United States leaves something to be desired.

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