Tuesday, April 17, 2012

We cannot challenge in court future fatwa by Kedah mufti and fatwa committe


I am uncertain whether the news that future fatwa by Kedah mufti or fatwa committee cannot be challenged in court is really a wise decision. The mufti and committee are presumably men of learning but they are still man, warts and all. When a ruling that any fatwa cannot be challenged is established, where do we go for redress if any new evidence is found that is not consistent with the fatwa. I'm thinking of the future when discoveries in so many fields will affect our everyday lives. The nature of the global village will affect muslims everywhere including in this country. More information and knowledge can give a different perspective on certain issues that might not be consistent with a fatwa.

The past has shown a few controversies involving fatwas. For example the yoga ban a few years ago was promulgated by the National Fatwa Council because it contains elements of another religion. Muslims do not have an avenue to challenge such a ruling if we are in Kedah but I guess we can still do whatever we want in the privacy of our homes. Oh, but I forgot the incident when an American couple was raided in their room in Langkawi in 2008. That raid is part and parcel of a fatwa, right?

A fatwa's tentacles reach far and wide even in the privacy of our homes. The most obvious beneficiary would be the religious authority enforcement officers. They are the ones who will try their best to ensure that a fatwa is followed to the letter. They will no doubt be joyous that their powers to lord it over others cannot be challenged and overstepping their authority might well occur. That is the danger inherent when there is no avenue to challenge any ruling.

I'm fine with rulings as long as I can have further clarification on them when the need arises or even question the relevance of the ruling. This new edict would stifle discussions and exchange of ideas. I am just a layman and would like to know the reasons behind any fatwa. If the reasons seem unconvincing, don't I have the option to question and query before accepting the ruling?

Image from modernanalyst

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