The nonbinding power of the Islamic legal opinion

Cultures · Published 1 October 2026 Swipe more like this →

In short: In the classical Islamic legal system, a mufti held a unique position of influence. Unlike a judge whose rulings are enforceable, a mufti issued fatwas—expert opinions that were technically nonbinding, yet capable of shaping the very fabric of social and religious life.

A mufti is a qualified Islamic jurist trained to interpret sharia through the study of the Quran, hadith, and legal literature. The practice, known as ifta, emerged as legal theories crystallized within the early Islamic communities. Historically, muftis served several vital functions: providing religious guidance to the public, advising judges on complex legal points, and documenting substantive law through the collection of their opinions.

While the role of the mufti has shifted, its core mechanism remains a response to specific queries. A petitioner, or mustafti, submits a question regarding religious or ethical matters. The mufti then investigates textual sources to provide a fatwa. These responses can range from brief, simple answers to extensive, book-length treatises. Interestingly, while the office of the judge (qadi) was historically reserved for men, qualified women were theoretically permitted to issue fatwas.

The institutional nature of the role has evolved significantly. In the classical era, many muftis were independent scholars who supported themselves through trades like manuscript copying or tanning. Over time, however, Sunni muftis were often integrated into state bureaucracies, such as the powerful Ottoman shaykh al-Islam. In contrast, Shia jurists in Iran developed a trajectory toward greater autonomy. In the modern era, the rise of codified state laws has often limited the mufti's authority to matters of personal status, such as marriage and inheritance, though many continue to advise the public via television and the internet.

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