Various sources describe a fatwa as a "legal opinion" (Dekmejian 1985, 97), a "religious edict" (Radio Voice of Shari'ah 8 May 1997), a "ruling by an Islamic scholar (or jurist) on the legality or otherwise of an action" (Women of Pakistan 1987, x), and "an opinion on a point of law rendered by a mufti in response to questions submitted to him by a private individual or a qadi" (Women Living Under Muslim Laws 1996, 11). According to The Encyclopaedia of Islam, a fatwa is an opinion on a point of law, the term "law" applying, in Islam, to all civil or religious matters. The act of giving a fatwa is a futya or ifta';–the same term is used to denote the profession of the advisor; –the person who gives a fatwa, is engaged in that profession, is a mufti; –the person who asks for a fatwa is a mustafti.

The institution of the futya corresponds with the Roman institution of jus respondendi and is comparable with it in many respects.

Additional information on fatwas can be found in the attachment from

The Encyclopaedia of Islam.

Additional information on muftis and the issuance of fatwas in the context of Pakistan could not be found among the sources consulted by the DIRB.

This Response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Dekmejian, R. Hrair. 1985. Islam in Revolution: Fundamentalism in the Arab World. Syracuse, NY: Syracuse University Press.

The Encyclopaedia of Islam. 1991. New Edition. Vol. 2. Edited by B. Lewis et al. Leiden: E.J. Brill.

Radio Voice of Shari'ah [Kabul, in Pashto]. 8 May 1997. "Radio Denounces International Community for Not Recognizing Taleban." (BBC Summary 10 May 1997/NEXIS)

Women Living Under Muslim Laws. 1996. Fatwas Against Women in Bangladesh. Grabels, France: Women Living Under Muslim Laws.

Women of Pakistan: Two Steps Forward, One Step Back? 1987. Edited by Khawar Mumtaz and Farida Shaheed. London: Zed Books.

Attachments

The Encyclopaedia of Islam. 1991. New Edition. Vol. 2. Edited by B. Lewis et al. Leiden: E.J. Brill, pp. 866-67.

Women Living Under Muslim Laws. 1996. Fatwas Against Women in Bangladesh. Grabels, France: Women Living Under Muslim Laws, p. 11.

Additional Sources Consulted

Amnesty International. March 1997.

Women's Rights Remain a Dead Letter.

Amnesty International Report. Yearly. 1996, 1997.
Centre d'études et de ressources sur l'Asie du Sud (CERAS). 1995.

Democratic Rights of Women in Pakistan.

Country Reports on Human Rights Practices for 1996. 1997.
DIRB. June 1997.

Human Rights Information Package: Pakistan.

_____. November 1996.

Pakistan: Update on the Situation of Ahmadis, October 1993-June 1996.

_____. Indexed Media Review [Ottawa]. Weekly. January 1997-present.

_____. "Pakistan" country file. January 1997-present.

_____. "Pakistan: Amnesty International" country file. August 1996-present.

The Encyclopedia of Religion. Various volumes.

The Herald [Karachi]. Monthly. September 1995-present.
Human Rights Commission of Pakistan. 1996.

State of Human Rights in Pakistan 1996.

Human Rights in Developing Countries Yearbook. Yearly. 1994, 1995, 1996.

The New Encyclopaedia Britannica. Various volumes.

News from Asia Watch [New York]. Monthly. 1993-present.

Women Living Under Muslim Laws, Paris. Various dates.

On-line/databases: NEXIS, SHARENet, World Wide Web.