The Influential Role of the Practice of Ifta' in Saudi Politico-Legal Arena
The Influential Role of the Practice of Ifta' in Saudi Politico-Legal Arena
Emine Enise Yakar
 
Abstract: The practice of ifta’ (giving Islamic legal opinion) is an important legal mechanism that brings vitality to new legal impetrations. The output of this legal mechanism called fatwas (Islamic legal opinions) are non-binding in terms of their sanctioning power but have great politico-legal significance in an Islamic legal system. Unveiling the functional roles that the practice of ifta’ plays within an Islamic legal system, this article engages primarily with the influences and reflections of fatwas issued by the Dar al-Ifta’ within the Saudi politico-legal arena. Critics argue that the practice of ifta’ has lost influence within the Saudi politico-legal arena since the authority of religious scholars (‘ulama’) was curbed by the creation of Dar al-Ifta’. However, this article argues that despite Dar al-Ifta’ as an institution is controlled and manipulated by the Saudi Government, the practice of ifta’ continues to provide an influential legitimating power to ‘ulama’ within the Saudi politico-legal arena. As Saudi Arabia identifies itself a country governed by Islamic law, the Saudi Government will continue to seek legitimacy from ‘ulama’ through fatwas for its family, domestic and foreign policies. Demonstrating the influences of the practice of ifta' in these three politico-legal spheres, this article analyses some fatwas in light of the doctrine of siyasa shar‘ia, which manifests the primary Islamic legal basis applied by the ‘ulama’.

 


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