The Latent Role of Islamic Responsa (Fatwá) in Saudi Legal System During Pre-Codification Period

Authors : Emine Enise Yakar, Zehra Betül Dindaroğlu

Pages : 261-291

Doi:10.12730/is.1773623

View : 142 | Download : 153

Publication Date : 2025-12-31

Article Type : Research Paper

Abstract :The General Presidency of Scholarly Research Iftāʾ (the Dār al-Iftāʾ) was established as part of the Saudi government’s policies of bureaucratization and institutionalization in 1953. In the absence of a constitutionally binding source of legislation, the Saudi government could consult the Dār al-Iftāʾ to issue a fatwá with the intention of either standardizing a legal ruling or enacting a law. For instance, the fatāwá regarding abduction/usurpation and drugs/alcohol were transformed into a legal regulation that considerably facilitated judges’ (qāḍīs) application of the prescribed penalties. Before starting the codification process, many social regulations and norms (e.g., the segregation of sexes, women’s dress codes, and the legality of forensic autopsies) could also be traced back to the fatāwá issued by the Dār al-Iftāʾ. This article intends to elucidate the complementary role of fatāwá in Saudi society as well as the judicial and legislative system by referring to the fatāwá transformed by royal decrees into legal regulations before the codification period. This paper provides a detailed analysis of the role of the practice of iftāʾ within the Saudi politico-legal area for the precodification period.
Keywords : Fetva, Suud toplumu, yasal süreç, Kraliyet Fermanı

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