Three fatwas on marriage in South India

• Main Author: Muhsin, Sayyed Mohamed
• Format: Article
• Language: English; English
• Published: International Islamic University Malaysia 2021
• Subjects: BL Religion; HQ The family. Marriage. Woman; KBP Islamic Law
• Online Access: http://irep.iium.edu.my/90565/2/1045; http://irep.iium.edu.my/90565/8/90565_Three%20fatwas%20on%20marriage%20in%20South%20India.pdf; http://irep.iium.edu.my/90565/; https://journals.iium.edu.my/jiasia/index.php/jia/article/view/1045

With a history dating back to the era of Prophet Muhammad (ﷺ), Muslims in Kerala, the second largest community in the state, mark their centuries-evolved social and religious imprints in the south-western tip of India. Among the organisational platforms, Samasta (founded on 1926) led by traditional Sunnī Shāfiʿī scholars claims the largest number of followers and is deemed as a religious authority by the masses for setting their beliefs up and finding fatwas for their religious queries. In light of the manuscripts of fatwas, publications and interviews, this study scrutinises the genesis, craft, methods and legal bases behind fatwas of Samasta. Besides, it conducts a case study of three fatwas on marriage to cross-check the peculiarities specified in the craft of fatwa and analyse the matters surrounding the issuance of a fatwa in Kerala. This study concludes that the influence of ‘past’ is evident in the ‘present’ legal interpretation of Samasta scholars.