Decontextualization and Recontextualization in Islamic Jurisprudence

YAGI Kumiko

Globalization, as cross-border flows of people and goods, has challenged Islam by nullifying some of the bases of Islamic jurisprudence such as the dichotomy of ‘Abode of Islam’ and ‘Abode of War’. Nevertheless, Islamic law does not lose its significance as a crucial component of Islam. What is happening to Islamic jurisprudence? What makes it as relevant to people’s lives today as ever?

The key is the fatwa, the legal opinion issued by a jurist. Since Islam is a religion and comprehensive way of life, the fatwa covers all the phases of human life. A fatwa was originally personal in the sense that it was issued to a recipient as a piece of advice. Jurists took into consideration the particular situation the recipient lived in and the social background against which the question was asked. Consequently, one and the same demeanor could be deemed permissible for one person and impermissible for another person.

However, an important change has happened to the fatwa since the 20th century. As the educational level of the Muslim public improved, ordinary Muslims other than jurists came to read sacred texts such as Quran and Hadith, and became interested in Islamic jurisprudence in general and major jurists’ opinions in particular. At the same time, mass media such as print in the 20th century and the internet in the 21st century developed. Consequently, important fatwas were published in book form and/or put on the internet. Fatwas became open to the public.

In this process, decontextualization happened to the fatwa: personal information such as the name of the addressee was deleted, and fatwas in public space were no longer personal advice but open to public discussion. Subsequently, a seemingly opposite development, recontextualization of fatwa, took place. Contextual information such as the recipient’s social environment, financial situation, or family background came to be recorded. This made it possible for a jurist to explain in his fatwa how and why he came to the conclusion, explaining the ideas and spirits of Islamic jurisprudence.

The fatwa became an important route through which ordinary Muslims were informed of views and opinions of jurists as well. This created a space where ordinary Muslims other than jurists could play an active role and enabled Islamic jurisprudence to become adaptable to changes in society.