Samasta`s methodology of ifta` :an analytical study of selected fatawa on marriage and divorce

Abstract

Despite the fact Samasta Kerala Jamiyyat al-Ulama’ (founded in June 26, 1926) is the foremost Islamic organization with the largest number of followers in south India, its consequential contributions has drawn very little research attention in the academia and has remained unstudied in the field of Islamic studies in India and beyond. So far, no significant study has been conducted on the Samasta’s methodology of ifta’ though it has issued thousands of fatawa in the span of almost nine decades. Realizing this fact, this thesis focuses on the Samasta Fatwa Committee (SFC) and its methodology of ifta’. Using analytical and critical methods, the study scrutinizes the activities of Samasta scholars and their methodology of ifta’ based on manuscripts of fatawa, publications and interviews with muftun. In addition, the study analyzes and evaluates a group of selected fatawa of the SFC with special focus on fatawa issued on marriage and divorce. Thus, the researcher aims at examining the implementation of methods on the fatawa and their legal bases. The study notices that the SFC maintains absolute reliance on traditional authoritative legal texts of the four classical schools of Islamic law in finding the rulings of Shariah on issues posed to them. Given that the majority of Kerala Muslims are followers of Shafi`i School, the primarily used references by SFC are two sources: Tuhfat al-Muhtaj of Ibn Hajar al-Haytami and the Nihayat al-Muhtaj of al-Ramli. To sustain the complete comprehension of the issues with a yearning to uphold the unity of Muslims in particular localities, the SFC consults with concerned experts and strictly follows certain precautionary measures in the cases related to waqf, apostasy, marriage, divorce and other notable matters. The present study has proven that the SFC is not simply performing the duty of a mufti in Kerala but it plays dynamic roles with profound impact on society. The analysis of selected fatawa reveals that the SFC formulates its fatawa very carefully while considering the situations of mustafti with very clear and direct sentences. All the fatawa are crafted meticulously in line with the rulings derived by the classical scholars of the four schools of Islamic law.