Electronic Fatwa: Foundations and Applications

Abstract

The present study, entitled "Electronic Fatwa: Origin and Applications" addresses the concept of electronic fatwa, its elements and basics, and its relationship to the judiciary. It aims at investigating the Origin of fatwa to regulate public electronic fatwas by adhering to the general fatwa issued by the mufti of each country and Muslim minorities’ commitment to their general fatwa (i.e., minority’s jurisprudence), while fatwas issued by the fiqh academies are being commonly applied. It further seeks to regulate general fatwas while taking into considerations fatwa seeker’s customs and conditions while maintaining a balance between Taysir (facilitation) and Ihtiyat (precaution) and warning against dissenting from generalized rulings in major issues. The study also tackles the challenges of electronic fatwa, the means of its application by highlighting the necessity of the proper treatment of madhab-based differences and taking into account the diversity of peoples’ customs and traditions. This treatment, in turn, affects the perception of the reality of facts regardless the variety of dialects from one country to the other. The study calls for offering means to enhance electronic fatwas by qualifying a generation of muftis to be able to provide fatwas, creating a professional structure to manage their electronic issuance, and facilitating the electronic transformation of jurisprudence academies and Islamic advisory bodies.