No human is Mufti in Allah's Deen but Allah himself
Introduction
In recent developments in Afghanistan, a gathering of theologians, convened under the auspices of the Taliban in Kabul, has issued a fatwa without any democratic mandate from the Afghan people. This act not only raises questions about legitimacy but also highlights a deeper crisis within Sunni Islamic jurisprudence.
The writer posits that Sunni theologians lack the authority to issue fatwas, as this prerogative belongs solely to Allah, as evidenced by the Quran. Furthermore, such fatwas, especially those issued under coercive regimes like the Taliban, constitute distortions of Islam for political and financial gain, effectively depriving people of their inalienable basic human rights and contradicting the Quran's emphasis on equality and self-determination.
In this essay my argument is that Sunni theologians cannot legitimately issue fatwas, drawing on Quranic evidence, historical analysis of Hadith literature, and the socio-political context of Afghanistan. Further evident that the Taliban's enforcement of such edicts through violence amounts to war crimes, as it undermines the Afghan people's inalienable right to self-determination and discriminates against women, in direct violation of Quranic principles such as those in Surah Al-Tawbah (9:71) and Surah Al-Ahzab (33:35).
The Historical and Jurisprudential Context of Fatwas in Sunni Islam
The concept of a fatwa—a non-binding legal opinion in Islamic jurisprudence—has evolved significantly since the time of the Prophet Muhammad (pbuh). In Sunni Islam, the issuance of fatwas was historically tied to ijtihad, the independent reasoning by qualified scholars to interpret Islamic sources. However, by around the 10th century CE (approximately 400 years after the Prophet's (pbuh) death), many Sunni scholars declared the "gates of ijtihad" closed, arguing that the foundational principles had been sufficiently established by earlier jurists. This closure implied that subsequent generations should adhere to taqlid—imitation of established schools of thought (madhabs) like Hanafi, Maliki, Shafi'i, and Hanbali—rather than innovate new rulings. In contrast, Shia Imamiya jurisprudence maintains an open tradition of fatwas through living mujtahids, emphasizing ongoing interpretation.
Despite this historical closure in Sunni tradition, contemporary Sunni theologians continue to issue fatwas, often under political patronage. The recent Kabul gathering exemplifies this: theologians, lacking popular mandate, were summoned by the Taliban—a group that seized power through armed insurgency rather than popular will of the Afghan people. This raises a fundamental question: If ijtihad is closed, on what basis do these scholars claim authority? The answer lies in a selective revival of ijtihad for political expediency, which contradicts the Sunni historical consensus and serves to consolidate power rather than uphold justice.
Moreover, the foundational sources of these fatwas—particularly Hadith literature—are themselves problematic. Key compilers of Hadith, such as Imam Bukhari (born 810 CE in Bukhara, Uzbekistan), Imam Muslim (born around 815 CE in Nishapur, Iran), Imam al-Tirmidhi (born 824 CE in Termez, Uzbekistan), Imam Ibn Maja (born 824 CE in Qazvin, Iran), and Imam al-Nasa'i (born around 829 CE in Nasa, Turkmenistan), were non-Arabs born over 200 years after the Prophet's death. These scholars operated thousands of miles from Mecca and Medina, in regions like Central Asia and Iran, during the Abbasid Caliphate centered in Baghdad.
Their collections, while revered, were compiled in a context rife with political intrigue and cultural influences far removed from the Arabian Peninsula's original Islamic milieu.
A core principle in Islamic scholarship is that any Hadith contradicting the Quran is invalid. The Quran, as the unaltered word of Allah, holds supremacy. Yet, many Hadiths have been used to justify restrictive fatwas that diverge from Quranic intent. This selective use allows theologians to invent narratives, while sitting in distant lands like Baghdad, thereby distorting the religion for personal or political gain.
Quranic Evidence Against Human-Issued Fatwas
The Quran explicitly reserves the authority to issue definitive rulings (fatwas) to Allah alone, undermining the claims of human theologians. In Surah An-Nisa (4:127), Allah states: "They request from you a [legal] ruling concerning women. Say, 'Allah gives you a ruling about them...'" Similarly, in Surah An-Nisa (4:176): "They request from you a [legal] ruling. Say, 'Allah gives you a ruling concerning one having neither descendants nor ascendants [as heirs].'" These verses emphasize that when the community seeks guidance (istifta'), it is Allah who provides the fatwa through revelation, not the Prophet or any scholar independently.
The Prophet Muhammad (pbuh) did not issue personal fatwas; his rulings were either direct applications of existing Quranic guidance or new revelations from Allah in response to societal needs. Otherwise, the cultural practices of Mecca and Medina were integrated into Islam without alteration unless divinely mandated. This model contrasts sharply with later theologians who, centuries removed, fabricated stories to fill perceived gaps, often aligning with ruling elites sitting in Bagdad thousands of miles away from Mecca and Medina.
Further Quranic verses condemn the human tendency to declare things halal (permissible) or haram (forbidden) without divine warrant. In Surah Al-A'raf (7:32), Allah asks: "Say, 'Who has forbidden the adornment of Allah which He has produced for His creation and the good things of provision?'" The context this verse is Quran 16:67 explaining further the nature food and drink. The first principle to interpret the Quran is the Quran interpret the Quran. This challenges those who impose undue restrictions. Surah An-Nahl (16:116) warns: "And do not say about what your tongues assert of untruth, 'This is lawful and this is unlawful,' to invent falsehood about Allah." These verses indicate that even during the Prophet's time, people made false claims about forbidden things, a practice that persists today among theologians who use fatwas to curtail freedoms.
By issuing fatwas, Sunni theologians position themselves as earthly proxies for Allah, taking position of Nimrod and Shaddad in the modern day Afghanistan depriving the people of their inalienable basic human rights where as Islam define by the Quran 2:177 added in the basic faith to help people to get their freedom.
This theocratic overreach ignores even local cultures and historical contexts, as seen in Afghanistan, where pre-Taliban society granted women voting rights under the 1964 constitution—earlier than in France (1944) and Switzerland (1971), equal job and education opportunities and equal human dignity. Such progressive elements aligned with Islam's egalitarian spirit but were erased by Taliban edicts.
The Taliban's Fatwas as War Crimes:
Deprivation of Self-Determination of the people is reversing the society back to imperialist ideology totalitarianism political system and Gender Apartheid making false claims in the name of Allah as Allah is telling in Quran 16:116 that don't invent false story in the name of Allah.
The Taliban's convening of theologians to issue fatwas is not merely a religious act but a tool of oppression, enforced by terrorists Taliban have no mandate from the people of Afghanistan but the rule of guns yet these theologians now openly become part of their crimes against humanity.
This deprives the Afghan people of their right to self-determination, a principle enshrined in international law, to freeing people from slavery as I said above is also the basic demand from our faith Quran 2:177 and treat all religions and dissent equally and justly, Quran 2:113; 10:99; 22:40 and implicit in Prophetic example of the governance, in Medina popularly known as Misaq-e-Medina where Prophet (pbuh) had consent from all including the Jewish of Medina. Further more emphasizes shura (consultation) as in Surah Ash-Shura (42:38) and for this reason Imam Abu Hanifa had constituted of committee of his 40 students to formulate the future constitution of the Empire of the time.
By bypassing popular mandate, the Taliban commits war crimes under frameworks like the Geneva Conventions and the Rome Statute of the International Criminal Court, which prohibit actions that systematically persecute civilians, including through discriminatory policies. More over Taliban received 40 to 80 million dollars from the USAID in cash every week yet no accountability or transparency about the subject money.
US paid Taliban every week 40-80 millions
dollars in cash since they installed in Kabul
Central to this is the discrimination against women, who are treated as inferior despite clear Quranic affirmations of equality. Surah At-Tawbah (9:71) declares: "The believing men and believing women are allies of one another. They enjoin what is right and forbid what is wrong..." This portrays men and women as equal partners in faith and society. Surah Al-Ahzab (33:35) reinforces this: "Indeed, the Muslim men and Muslim women, the believing men and believing women... for them Allah has prepared forgiveness and a great reward." These verses underscore gender parity in spiritual and moral responsibilities, rejecting any hierarchy that denies women education, employment, or political participation—as imposed by Taliban fatwas.
Such edicts distort Islam for political power and financial gains, allowing theologians to control resources and suppress dissent and to promoted the ideology of totalitarianism. How can these figures claim to follow the Prophet and the Quran when their actions contradict its core messages? The Prophet's era integrated women's voices, as seen in figures like Khadijah and Aisha, yet modern fatwas relegate them to subjugation. This is not adherence to Sunnah but a betrayal, using religion as a veneer for authoritarianism and totalitarianism.
Conclusion
Sunni theologians cannot legitimately issue fatwas, as this authority resides solely with Allah, per unequivocal Quranic verses. They failed to stand with the people of Afghanistan for their basic rights yet they chooses to align with the usurpers and barbarians.
The historical closure of ijtihad in Sunni tradition, combined with the dubious origins of Hadith literature, further erodes their claims. In Afghanistan, the Taliban's fatwas exemplify this illegitimacy, serving as instruments of war crimes by denying self-determination and perpetuating gender discrimination against the Quran's egalitarian ethos.
True Islam demands justice, consultation, and equality—not theocratic diktats that empower the few at the expense of the many. Reclaiming the faith requires prioritizing the Quran over human inventions, ensuring that no one usurps divine prerogative to oppress. Only then can Afghanistan—and the Muslim world—align with the Prophet's merciful legacy.
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