Subnostr

This is a reply to the following Question

https://twitter.com/benjamindionbtc/status/1640926624144130048?s=46&t=AeUubJVXjsWeffPXQIjUGA

It needs to be understood that a ‘fatwaa’ isn’t anything ‘special’ in Islam besides just an ‘opinion’ of an individual (albeit an individual of knowledge). In the west, a fatwaa is often portrayed as some special legal ruling that has some religious weight to it, almost like an ‘ex cathedra’ or an ‘infallible statement’. It really isn’t. The most that can be said is that it’s a “statement from knowledge that’s more likely true but not necessarily”.

There are essentially three levels of religious rulings in Islamic traditions, none of them speak with absolute Islamic authority.

1) Qadhaa, which is the decision of a legal judge. This is specifically given in the court of law & is executed as given as a means to resolve disputes amongst people. They are implemented on a case by case basis & not generic to everyone & everything.

2) Tah.keem, this is simply a lesser version of 1. When disputing parties want a third party to resolve that dispute but not in a government capacity, they can choose that third party to make a decision. Again, just like 1, it is case by case & not binding on all people & places, only on those that agreed to it prior. The reason why it’s separate is bcoz one has to ‘self impose’ that upon themselves & there is no government to enforce it (although a gov may recognise it).

3) Fatwaa, which is just a legal opinion, & is the weakest of the three in terms of enforcement bcoz there is no gov to enforce it, nor are you obliged to follow any specific fatwaa based upon any prior promise to do so. You simply ask ‘a scholar’ his opinion & his ‘opinion’ is his ‘fatwaa’. You can choose to follow it or not, it’s up to you as a Muslim (or gov official).

Now, whether they give evidence for their opinion, source their references is entirely up to them as they are simply answering a question. Some may choose to give it while others will just answer & be done with it. Bcoz you don’t have to follow them, theirs no added reason to give extra info if they don’t want to. As a Muslim one could choose to follow their view based upon the fact that they are ‘scholars’ & that’s fine, but one may choose not to until evidence is revealed to support their view, & that’s fine also.

So back to the issue of ₿itcoin & the gov, then a gov may want to know what the Islamic ruling of ₿itcoin is, & just like us, they would ask a scholar(s) they trust, & based on those answers, they would enforce policies & laws accordingly. But the gov are the same as individuals in this regard. However, if the question came from the gov, they are more likely going to justify their views somewhat with some sort of evidence. That justification would most likely be low level & not too intense, & most likely would simply be a logical explanation without going deep into the weeds.

What does going deep mean? Giving verses of the Quraan, sunnah, explaining how they are a proof, looking at evidences from opposing views, looking at their evidences, justifying why the opposing evidence is weaker than theirs or invalid & coming to a conclusion that is in line with Islamic texts in their view.

That’s most likely only going to occur when scholars are addressing other scholars ¬ gov officials or the layman.

Things like this have already occurred in the Muslim world for a while now, at least more than half a decade, but most people have simply not taken a firm stance on it as most people have not seen a need to really address it. It’s like a question that affects a minority of a minority, &that’s fair. We may feel its more pressing but in most communities it isn’t. You will therefore find a more louder stance the more pressing the issue becomes for most people.

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