Historical Dictionary of Terrorism Third Edition

190 • FATWAThe fatwa can be on any matter of Islamic law, from simple and mundanematters, such as how one may determine the correct times for theobligatory prayers, to weighty matters of finance, state, and warfare.Recently the term fatwa has been mentioned in connection with thelate Ayatollah Khomeini’s fatwa anathematizing Salman Rushdieand sentencing him to death, and also in connection with Osama binLaden’s publication of an alleged fatwa authorizing unlimited warfareagainst American citizens everywhere by pious Muslims. The specifictype of fatwa issued by Khomeini against Rushdie, also called a takfir,pronounces a Muslim to have become an apostate and therefore liableto the death penalty according to traditional Islamic law. Ordinarily theperson who has been put under this ban can have it lifted by openlyrepenting of his apostasy and redeclaring his faith in Islam. MilitantIslamic groups in Egypt have been using takfirs against opponentsrecently to destroy the family life of their opponents, since a Muslimwife may no longer have sexual relations with her husband once he hasbeen put under the ban of takfir.The other alleged fatwa was used to justify the declaration ofa state of general jihad as an individual obligation upon everyMuslim. Such fatwas may only be issued by a competent religiousauthority and in the case of jihad, this would require a high-rankingIslamic authority, such as the rahbar, or supreme religious leader,in Iran, or perhaps the Sheikh al Azhar in Egypt. The issuance ofalleged fatwas by people lacking jurisprudential credentials, such asthe fatwas announced by bin Laden, are presumptuous and withoutcredibility.More recently, on 14 April 2004, the popular Egyptian cleric Yusufal Qaradawi issued a fatwa declaring that Muslims should boycottAmerican and Israeli goods or services due to Israel’s perceived enmitytoward Muslims and Arabs and due also to the role of the UnitedStates as a principal backer of the State of Israel.Critics of Iran’s government, which has declared that Khomeini’sorder against Rushdie remains in effect, have pointed out that inShi’ite jurisprudence any fatwa ceases to be effective upon the deathof the person who issued it. Authorities within Iran have counteredthis criticism by declaring that Khomeini’s order against Rushdiewas a hukm, or special judicial order or injunction, instead of a fatwa,which is a more generic opinion on some question of Islamic doctrineor law. In Shi’ite Islam, while a fatwa ceases to have force once the