Fatwa as a Non-State Legal System: A Critical Analysis from the Perspective of Pakistani Society

The present paper gives a critic of the task of issuing Fatwa as a non-state legal system in Pakistan which in fact means legislation of Islamic law by any religious expert out of the state legislation. It discusses some important issues facing by Pakistani people but could not be solved in the light of the changed context and public interest which is in fact a failure of true understanding of the task of issuing fatwa. In the light of the historical development of the activity of issuing fatwa, this research argues that getting knowledge of strict literal translation of the Qur ̓an and confinement to the study of the traditional juristic opinions does not accomplish the prerequisites to become a mufti. Hence, it is necessary for the contemporary muftis of Pakistan to insight into the social, economic and customary problems of the people and to strive hard to resolve them in the light of the changed context and public interest. (200 w)