Islam in the Digital Age: Counseling and Fatwas at the Click of a Mouse

• Author: Mohamed Chawki
• Position: ISPEC, University of Aix - Marseille III
• Pages: 165-180

Journal of International Commercial Law and Technology Vol. 5, Issue 4 (2010)

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Islam in the Digital Age: Counselling and Fatwas at the Click of a Mouse

Mohamed Chawki

ISPEC, University of Aix – Marseille III

chawki@cybercrime-fr.org

Abstract. “Online fatwas” and “Virtual Counsellin g” are a major concern for the global community.

The intro duction, growth, an d utilization of Information and Communication Technolo gies (ICTs)

have created new public spheres where different concepts of coexistence between Islam and the

State are discussed. With respec t to cyberspace, the Internet brings ijtihad – related issues into sharp

focus, when any individuals can proclaim themselves as an authority on Islam, qualified to make

pronouncements and issue fatwas. Online religious forums are not exclusively to provide Islamic

advice, but also allow Internet users to meet and interact with others who share their faith, beliefs,

and values from the privacy of their homes. Whilst this advantage for petitioners has been

overemphasized in cyber studies in general, in relation to Cyber Islamic Environments some u nique

themes are raised. These include issues linked to whether online Islamic advice is binding or not,

and the implications on Internet users as king the question. Should advice ignoring the traditional

Islamic models endorsed by al – Azhar or solicited by email be followed? Is the moral d imension

the same as receiving a fatwa from a scholar in non electronic context? This article approaches some

of these issues and examines how the Islamic sites change the process of decision making and

construction of Islamic knowledge within Muslims.

1 Introduction

“

Be conscious of God,

And speak always the truth”

1

The September 11, 2001 terrorist attacks have focused on the Internet’s c onnection with religion. Two thi ngs

became clear: the first was tha t the terrorists had used the Internet to plan and commit the terror attacks (McKenna

et al., 2007); the second was that millions of Muslim people turned to online religious forums to send and receive

comfort fatwas

2

and to learn more about Islam

3

(Ibid).

Most of the books that have appeared since t his incident, on bin Ladin have placed him in the framework of

rival civilizations and g lobal power politics (Gwynne, 2006). No one has placed a spotlight on t he religious

content of his declarations, intervie ws and legal opinions which were studded with allusions to and quotations

from the Qur’an

4

and Hadith

5

(Ibid). Bin Laden’s fatwa entitled: Declaration of War against the Americans

Occupying the Land of the Two Holy Places

6

contains a number of re ferences to works of Muslim scholars that

echo the tone and content of work that appears to have inspired bin Ladin’s various declarations: the important

militant I slamist manifesto al – Farida al-Gha’iba, by M uhammad’Abd al – Salam Far aj (Ibid). On a differen t

note, research by Hoover, Clark and Rainie shows that people of all faiths are increa singly using the Internet for

spiritually – related activities (Hoo ver et al., 2007). Perhaps the most popular activity is seeking out information

about religious beliefs, practices, and how to celebrate religious holidays (Hoover et al., 2007). The survey also

found that (38%) of the 128 million Internet users have sent and rec eived emails with spiritual content (Ibid).

One of the questions posed by the gro wth of Information and Communication Technologies (ICTs) is how

this will affect the sphere of religion. The e mergence of this new media ecology is particularly relevant to

European Muslim communities, where experience s of cultural displacement and negotiations on authenticity are at

the heart of contemporary life (Sisler, 2009). There, the Internet has become an important adjunct to tr aditional

means of communication about Islam and is facilitating a ne w form of Islamic discourse (Ibid).

1

Qur’an, 33 :70

2

The opinions of specific contemporary imams , pl. fatawa.

3

‘Submission’ to God.

4

Revelation received by the Prophet Muhammed, via the Angel Gabriel.

5

A traditional saying and/or report of the actions of Muhammad, pl. ahadith.

6

Available at < http://www.pbs.org/newshour/terrorism/international/fatwa_1996.html> , [viewed 14 August, 2010].

Journal of International Commercial Law and Technology Vol. 5, Issue 4 (2010)

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There are thousands of sites providing specific “Islamic” content, ranging from fatwas, sermons, and

religious treaties; throu gh audio lectures, podcasting, and videos on Y ou Tube; to social networking sites, and the

vibrant blogosphere (Sisler, 2009). In Morocco, a virtual fatwa by a Salafi

7

sheikh was published permitting t he

wedding of a nine – year – old girl (Kutscher, 200 9). A private mufti in Kingdom of Saudi Arab ia was quoted to

the effect that he would prefer Micke y Mouse to be killed along with other mice (Ibid). In Malaysia, an Imam

8

issued a fatwa expres sing concern over the impact of co mputer games on children, saying the portrayal of gods as

well as heaven and hell in these games could potentially confuse them about the concept of the hereafter.

9

In

Pakistan, the political wing of the Lashkar – e –Tayiba issued an online fatwa calling upon Muslims to kill P ope

Benedict XVI for his September 12, 2006 speech, which has projected as anti-Islam by Al Qaeda and other

jihadi

10

terrorist organizations.

11

The issue of the fatwa came a few days before a video message by Ayman al-

Zawahiri,

12

in which he made a severe attack on the Pope.

13

In another fatwa, Sheikh Yūsuf al-Qaradāwī allowed s uicide bombing b y Palestinians in self – defense

and in defense of their homeland against Israeli occupation (Kamali, 2008). Al – Qaradawi justified the loss of the

innocent life of a person who is not at all involved in military activities by repeating that “ he gave verdict on the

permissibility of the acts of sacrifice against the occ upation forces and tho se who assist them in their atrocities”

(Kamali,2008 ). This development of online reli gious forums a nd sunni

14

websites brings ijtihad

15

– related

issues into sharp focus, when individuals can proclaim themselves as an authority on Islam, qualified to make

pronouncements and issue fatwas (Bunt, 2003).

In Western Europe, due to the general non-existence of official Islamic authorities fatwas became the

primary mechanism in dealing with normative issues (Sisler, 2009). The qualifications for this activity may ignore

the traditional Islamic models approved by Al – Azhar or not be scholarly (Ibid).

Accordingly, this paper seeks to address and analyse the following issues: Firstly, the relevance of fawtas

and the competition between and among government-affiliated fatwa authorities and private muftis, who make

their voices heard through the Internet. Furthermore, the pa per focuses on the Internet and its role in promoting

Islamic knowledge. Secondly, an analysis of some Sunni fatwa – issuing websites will be provided taking

IslamOnline, Fatwa – Online & Ask – Imam as a case study. Finally, the paper examines the ways in which the

Internet functions as a mediator of religious practice, specificall y religious ritual. It concludes b y discussing how

ICTs can empower non-literate communities, if they are made available.

2. THE RELEVANCE OF FATWAS

“When they ask you for a pronouncement [yastaftunaka] …

Say: God pronounces to you [yuftikum] …”

16

A fatwa (plural fatawa) is a legal opinion given by a mufti in response to a question posed by an individual or a

court of law (Esposito, 2003). A fatwa is typically requested in ca ses not covered by the fiqh

17

literature, and is

neither binding nor enforceable. Its authority is based on the mufti’s education and status within the community

(Ibid). In the Qur’an, the term is used in two verbal forms meaning “asking for a definitive an swer,” and “giving a

definitive answer” (4.127, 176). After the Prophet’s death, when direct access to divine revelation was no longer

available, Muslims turned to the Prophet’s closest Companions for guidance (Shaukat, 2009). Fatawa at this point

in Islamic history took t he form of the Co mpanions co mmenting on how the Prophet approac hed a certain issue

(Ibid). When the generation of the Companions died out, Muslims ca me to rely on hadith, which were linked to the

7

(i) ‘Pious ancestors’, applied in terms of Muhammad’s companions and the ‘early’ Muslim community, representing an

exemplum to follow; (ii) used by Muslim ‘reformist’ movement(s), such as al-Ikhwan al-Muslimun; (iii) applied by a number

of platforms, indicating their intention to ‘return’ to the principles of Muhammad and his community.

8

The term imam [pl. a’imma] usually re fers to one who leads the prayers, not necessarily ‘qualified’ in the sense of trained

clergy. In Shi‘a Islam imam has associations with religious leadership and continuity of spiritual authority.

9

See “A Fatwa on Final Fantasy”, available at , visited 10 June, 2010.

10

An advocate of jihad.

11

See “Kill Pope, says Lashkar fatwa”, available at , visited 10 June, 2010.

12

For more information about him, please visit , [accessed 14

August, 2010].

13

Ibid

14

« Orthodox » Islam, based on the customary practice of Muhammed.

15

Independent judgment based on Islamic sources, a striving for the p ragmatic interpretation of Islamic primary sources in the

light of contemporary conditions, the term can be synonymous with ‘renewal’ and ‘reform’.

16

Quran, 4 :126

17

Islamic ‘jurisprudence’.