{"title":"伊斯兰教法可有可无吗?审视澳大利亚法特瓦的当代相关性和权威","authors":"Shaheen Whyte","doi":"10.1093/ojlr/rwac015","DOIUrl":null,"url":null,"abstract":"Fatwas play a central role in the articulation and contextualization of Islamic law. Despite its lofty status within Islam’s juristic tradition, the authoritative value and function of fatwas in contemporary Muslim societies is undergoing significant change. Whereas historical fatwas generated immense solidarity within Islam’s legal schools and traditional ulama (religious scholars), Muslims today are confronted with an unprecedented supply of fatwas from various religious actors, institutions and digital platforms vying to speak for Islam. Using Australia as a case study, this article investigates the role, demand, and relevance of fatwas in Australia. It draws on empirical fieldwork conducted between 2018 and 2019 with Muslim religious actors including imams/sheikhs, educators, academics and members of the Australian Muslim community. The findings show Australian Muslims are largely sceptical about the relevance and credibility behind fatwa-making in Australia. Among the findings, participants demand greater scholarly expertise, legal analysis, and institutional output in the production of fatwas. Participants additionally expressed desire to establish locally based fatwa councils with the ability to produce context-specific fatwas for Australian Muslims.","PeriodicalId":44058,"journal":{"name":"Oxford Journal of Law and Religion","volume":"8 1","pages":""},"PeriodicalIF":0.4000,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Are Fatwas Dispensable? Examining the Contemporary Relevance and Authority of Fatwas in Australia\",\"authors\":\"Shaheen Whyte\",\"doi\":\"10.1093/ojlr/rwac015\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Fatwas play a central role in the articulation and contextualization of Islamic law. Despite its lofty status within Islam’s juristic tradition, the authoritative value and function of fatwas in contemporary Muslim societies is undergoing significant change. Whereas historical fatwas generated immense solidarity within Islam’s legal schools and traditional ulama (religious scholars), Muslims today are confronted with an unprecedented supply of fatwas from various religious actors, institutions and digital platforms vying to speak for Islam. Using Australia as a case study, this article investigates the role, demand, and relevance of fatwas in Australia. It draws on empirical fieldwork conducted between 2018 and 2019 with Muslim religious actors including imams/sheikhs, educators, academics and members of the Australian Muslim community. The findings show Australian Muslims are largely sceptical about the relevance and credibility behind fatwa-making in Australia. Among the findings, participants demand greater scholarly expertise, legal analysis, and institutional output in the production of fatwas. Participants additionally expressed desire to establish locally based fatwa councils with the ability to produce context-specific fatwas for Australian Muslims.\",\"PeriodicalId\":44058,\"journal\":{\"name\":\"Oxford Journal of Law and Religion\",\"volume\":\"8 1\",\"pages\":\"\"},\"PeriodicalIF\":0.4000,\"publicationDate\":\"2022-12-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Oxford Journal of Law and Religion\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1093/ojlr/rwac015\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Oxford Journal of Law and Religion","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/ojlr/rwac015","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
Are Fatwas Dispensable? Examining the Contemporary Relevance and Authority of Fatwas in Australia
Fatwas play a central role in the articulation and contextualization of Islamic law. Despite its lofty status within Islam’s juristic tradition, the authoritative value and function of fatwas in contemporary Muslim societies is undergoing significant change. Whereas historical fatwas generated immense solidarity within Islam’s legal schools and traditional ulama (religious scholars), Muslims today are confronted with an unprecedented supply of fatwas from various religious actors, institutions and digital platforms vying to speak for Islam. Using Australia as a case study, this article investigates the role, demand, and relevance of fatwas in Australia. It draws on empirical fieldwork conducted between 2018 and 2019 with Muslim religious actors including imams/sheikhs, educators, academics and members of the Australian Muslim community. The findings show Australian Muslims are largely sceptical about the relevance and credibility behind fatwa-making in Australia. Among the findings, participants demand greater scholarly expertise, legal analysis, and institutional output in the production of fatwas. Participants additionally expressed desire to establish locally based fatwa councils with the ability to produce context-specific fatwas for Australian Muslims.
期刊介绍:
Recent years have witnessed a resurgence of religion in public life and a concomitant array of legal responses. This has led in turn to the proliferation of research and writing on the interaction of law and religion cutting across many disciplines. The Oxford Journal of Law and Religion (OJLR) will have a range of articles drawn from various sectors of the law and religion field, including: social, legal and political issues involving the relationship between law and religion in society; comparative law perspectives on the relationship between religion and state institutions; developments regarding human and constitutional rights to freedom of religion or belief; considerations of the relationship between religious and secular legal systems; and other salient areas where law and religion interact (e.g., theology, legal and political theory, legal history, philosophy, etc.). The OJLR reflects the widening scope of study concerning law and religion not only by publishing leading pieces of legal scholarship but also by complementing them with the work of historians, theologians and social scientists that is germane to a better understanding of the issues of central concern. We aim to redefine the interdependence of law, humanities, and social sciences within the widening parameters of the study of law and religion, whilst seeking to make the distinctive area of law and religion more comprehensible from both a legal and a religious perspective. We plan to capture systematically and consistently the complex dynamics of law and religion from different legal as well as religious research perspectives worldwide. The OJLR seeks leading contributions from various subdomains in the field and plans to become a world-leading journal that will help shape, build and strengthen the field as a whole.