Grand Mufti: The facts have changed so the fatwa has to change

Daily News Egypt
6 Min Read

CAIRO: With an increasing number of people and institutions issuing fatwas, their validity has caused heated debates in recent years. The rise of independent media and countless satellite stations, televised fatwas and TV preachers have become staples of our daily lives.

However, Azhar scholars, along with well-established sheikhs from reputable institutions around the world, have heavily criticized these fatwas.

Prior to the holy month of Ramadan, Grand Mufti Sheikh Ali Gomaa spoke to Daily News Egypt about what should be taken into consideration when issuing a fatwa and why religious edicts may change over time.

Daily News Egypt: How should fatwas coincide with the social, cultural and political settings of the time?

Sheikh Ali Gomaa: When issuing a fatwa, a Mufti should consider Islamic jurisprudence as well as the current facts and how the two can be linked. Facts are divided into subjects, people, events and thoughts. Each has its own mechanism and reality. The mufti has to be fully aware of all four.

For example, tobacco appeared in an age when there was no pollution and people used to depend solely on nature. They used to ride horses, herd sheep, eat organic food and use herbal remedies instead of pharmacology. The health risks of smoking tobacco at that time were not as detrimental as they are now. Today we suffer from high levels of pollution. Pepper has some harmful side-affects and can upset the stomach – even milk – but it depends mainly on the lifestyle we lead.

Today, we breathe polluted air and we are always under stress because of all the technological advancements we’ve made. In today’s world, tobacco use has fatal consequences, which leads me to conclude that it is religiously forbidden. Even though 100 years ago a mufti said it was permissible to smoke tobacco, it is now hazardous. The facts have changed, so the fatwa has to change.

That is why a sheikh must consider the facts of the world we live in today, not copy from old books. Another example, when someone asks me if cupping is halal, I say we have to conduct an experiment to see weather it suits the time we live in. (Cupping, or fire cupping, is a method of applying acupressure by creating a vacuum next to the patient s skin. It is used to treat respiratory diseases such as the common cold, pneumonia, and bronchitis as well as back, neck, shoulder, and other pains. It has been reportedly used by Prophet Mohamed (PBUH)).

How would you comment on the issue of Female Genital Mutilation (FGM), which has become a sensitive topic of debate?

FGM was allowed in the old ages. At the time, science did not clarify its benefits or its harmful effects. Times have changed. The implications of FGM have proven to be harmful. I am referring to [negative physical and psychological effects], not the recent cases of girls dying after FGM surgery – this is malpractice and it can happen to boys too. That is why FGM became haram, although it was halal in the past. Both fatwas are correct. When El Imam El Shafie decreed that female circumcision is halal, he was correct. When I say that FGM is now haram, I am also correct. Why? The facts have changed. Women now have to deal with a lot of stress because they go to work; they lead tougher lives so they should not be circumcised. Sheikh Shaltout said we have to discuss FGM and the debate started in 1951. Science and religious scholars have since proven that FGM is disastrous, and banning it became even more logical in the 1970s and 1990s. That is the information I base my fatwa on and I am urging all sheikhs and muftis to take the current facts into consideration when issuing fatwas.

Are fatwas ever motivated by the politics of the time?

Islamic jurisprudence does not differentiate between culture, economy or politics. It only responds to human actions according to Islamic edict. We deal with life as a whole, not as segments or categories. Most of the questions asked by Muslims now are related to personal affairs and religious obligations. This implies that Muslims today are more concerned with applying religion to their lives.

How would you describe the level of religious awareness in society?

Religious awareness is noticeably increasing. In the past, our society was leaning more towards imitating the west. Even old Egyptian films were geared more towards the European lifestyle. Nowadays, a lot has changed, [our] society is more aware of its identity, but it is still something we need to work on. We need to seek knowledge with every sunrise. Religious awareness is fine, but we need it to be more informative and beneficial to our civilization.

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