The Mufti-Mustafti Approach to Religious Rehabilitation

“ The success of a fatwa (Islamic legal ruling) … depends upon the skillfulness of the mufti/ counselor in conceptualizing the mustafti’s/counsellee’s question. 

Introduction 

Religious counselling is one of the most important components of religious rehabilitation programmes as practiced across the world today. The primary aim of religious counselling is to counter the radical extremist mindsets of terrorist detainees benevolently, i.e. through religious and ideological training. 

In Singapore’s context, religious counselling forms one of the key components in the deradicalisation process as well as in the post-deradicalisation phase. Religious rehabilitation was envisioned in 2003 as a crucial counterideological initiative to correct the ideological drift towards extremism and violence embraced by the Al Qaeda-linked Jemaah Islamiyah (JI) members who had been arrested. Once religious counselling has been completed, case officers, psychologists and religious counsellors assess an individual detainee to determine whether he has been suitably deradicalised before granting his release into society. Following his release, the case officers, psychologists and religious counsellors continue to follow up by engaging with the detainee to ensure that he is reintegrating well into society. The religious rehabilitation of terrorist and extremist detainees is spearheaded by the Religious Rehabilitation Group (RRG).

In the context of Yemen, religious rehabilitation is conducted by the Religious Dialogue Committee. Founded in September 2002, the Committee is seen as the pioneer among religious rehabilitation programmes in the post 9/11 landscape, due to its unique emphasis on a form of religious counselling deeply rooted in religious dialogue. These religious dialogues between Muslim clerics and detainees are aimed at correcting the ‘detainees’ misconstrued beliefs and at moderating their radical, militant understanding of Islam. The dialogue sessions between the clerics and detainees are usually held two or three times a week, and approximately 400 detainees have taken part in the programme. The effectiveness of these intensive religious dialogue sessions have been reflected in how many of these detainees within the programme have subsequently renounced violence and successfully reintegrated into society. Most of them also had their sentence reduced and were granted amnesty for their good conduct while in prison.

Most religious rehabilitation programmes implemented in prison systems across the world specifically involve religious clerics engaging with the detainees. In most cases, a religious cleric works to engage the terrorist detainee on a oneto-one basis through counselling sessions over the period of detention. A manifestation of the one-to-one counselling has been what is known as the mufti-mustafti approach, which involves a religious counsellor taking up the role of the mufti and a detainee as the mustafti, with the mufti/ counsellor providing religious guidance and counselling to the mustafti/counsellee. During the counselling session, the mustafti/counsellee is persuaded to seek clarifications on matters pertaining to the legality, lawfulness, validity and the acceptability of committing specific acts in the name of Islam. The mufti then provides religious guidance and counselling to the mustafti as this will serve to clarify the mustafti’s misconceptions. The objective of the mufti-mustafti approach is to ensure that the mustafti or terrorist detainee recants his misconstrued understanding about Islam and develop the capacity to resist reradicalisation by the time they are released into society.

Within Islamic legal schools, an individual who is a mufti is regarded as a rightful and legitimate authority on Islamic discourse and an expert in Sharia (Islamic Law). In the case of the muftimustafti counselling session, the mufti/counsellor should be someone certified as a scholar, being qualified to interpret and expound on Sharia (Nanji 2015), and therefore qualified to give authoritative Islamic legal opinions known as fatwas, which are Islamic rulings or edicts. Thus, the fatwa carries much more weight than the opinion of a random, unqualified Muslim on the street on a religious matter, as the mufti is expected to give his fatwa based on religious evidences, keeping in mind the reality of the times and prevailing conditions in fulfilling the objectives of the Sharia. Hence, in Islam, the issuance of a fatwa is not to be taken lightly; it is only to be issued by one who is recognised to be in possession of a proper knowledge and understanding of Islam.

Issuing of the Fatwa: Four Essential Stages

The unique feature about the mufti-mustafti approach is that prior to the mufti’s pronouncement of a specific fatwa, a system of ideas is generated. In the mufti-mustafti approach, there are four essential stages prior to the mufti’s issuance of a fatwa, as explained below. During the first stage, the mufti/counsellor is responsible for carrying out taswir or ‘accurate conceptualisation’. At this stage, he is mainly concerned with the proper understanding of an issue corresponding to the circumstances affecting the detainee and other realities on the ground. This is the first and most essential condition in issuing the right fatwa. The absence of this condition – in other words, improper conceptualisation of the issue – will lead to the issuance of a fatwa with no meaningful relevance to the mustafti/counsellee. As the mustafti/ detainee poses his questions, the mufti should explore the issue with respect to the mustafti’s/ detainee’s circumstances, including the potential repercussions of his actions in the past, as well as his upbringing and the different experiences he has undergone during the course of his life. The success of a fatwa – both in fulfilling the objectives of religious rehabilitation, and in redirecting the mustafti’s/counsellee’s mind from being drawn into extremist narratives – depends upon the skillfulness of the mufti/counsellor in conceptualising the mustafti’s/counsellee’s question. For example, if the mustafti/detainee asks the mufti/counsellor whether it is permissible to establish an ‘Islamic state’ through violent means, the mufti/counsellor would need to address the mustafti’s/counsellee’s way of reasoning by prompting the mustafti/counsellee’s to articulate the possible means by which such a state would be achieved. As under no legitimate conditions should an individual be allowed to use force to achieve political objectives, i.e., to establish an Islamic state, the mufti’s response would be to state that in Islam the killing of innocents and violence is not condoned. Furthermore, it is against the law to take part in any terrorist or religious extremist group advocating violence. 

During the second stage, the mufti/counsellor classifies the issue/question under consideration according to the relevant categories under Islamic jurisprudence, in a process known as takyif or ‘classification’. For example, a question may either be designated under jihad (an Islamic term which can mean both the armed struggle against an enemy for the sake of a just cause and the internal struggle within oneself or in one’s society) (Allam 2014), or under ‘acts of worship’. It could also fall under categories of jihad not mentioned in Islamic jurisprudence – such as the act of carrying out a suicide bombing, which is illegitimate. This stage paves the way for the legal ruling of the matter in question. The duty of takyif (‘classification’) falls upon the mufti as it requires meticulous study of Islamic jurisprudence, and a mistake may result in the production of an erroneous fatwa. 

During the third stage, the mufti/counsellor is obliged to perform sharh or ‘explanation’ in order to support his fatwa. At this stage, it must be made sure that the fatwa or legal ruling is (i) derived from the primary sources of Islamic jurisprudence, i.e., the Quran and Sunnah (practices of the Prophet Muhammad), (ii) that they are supported by consensus within the Islamic scholarly community and (iii) elucidated through qiyas (‘analogy’) and istidlal (‘inference’). The ruling by the mufti/counsellor should not contravene existing statements found in the primary sources of Islamic jurisprudence. For example, carrying out suicide attacks is clearly forbidden and is understood as reprehensible. This is evident throughout the Quran, which forbids suicide; for example it is stated: “...And do not kill yourselves” (Quran 4:29). Thus, a fatwa can never be issued in support of suicide attacks. 

The fourth and final stage is isdar or ‘pronouncement’. At this stage, the mufti/ counsellor, would have already established the ground that his fatwa: (i) does not violate the objectives of Islamic jurisprudence, (ii) does not contradict a dalil qat’i or a ‘definitive text’ in the Islamic legal tradition and (iii) is backed by either the ijma’ ulama’ (unanimous consensus among Islamic scholars) or qawa’id fiqhiyyah (Islamic legal maxims). In this way, the mufti/counsellor would arrive at a fatwa (ruling) and pronounce it, taking into account the circumstances facing a detainee. The mufti’s legal ruling is considered to be the exposition of rulings prescribed by God. The great legal Islamic theoretician of the thirteenth century, Al Qarafi, had once referred to the mufti as an interpreter of God’s purport (‘Dar Al-ifta Al-Missriyyah’).

Guiding Principles of the Mufti-Mustafti Approach

As explained earlier, a fatwa is very important in Islamic jurisprudence. Given the importance of issuing fatwas, it is necessary to establish a fixed set of principles governing the mufti-mustafti counselling sessions to facilitate the rehabilitation process. In addition, there is also a system of etiquette that the mufti/counsellor and the mustafti/counsellee must observe in order to facilitate the smooth running of the question and answer sessions.

For the mufti/counsellor, not only is it essential for him to specialise in Islamic Studies, he must also be an upright and pious cleric. He must possess the ability to arrive at the correct ruling as well as derive rulings from the Quran and Sunnah. He must also possess the ability to appropriately conceptualise issues in question, particularly when dealing with issues such as Muslims living in territories where Islam does not prevail, otherwise deemed dar al-harb or ‘territory of war’. In contrast to dar al-Islam, which denotes the territory of Islam, dar al-harb refers to a territory that does not have a treaty of nonaggression or peace with Muslims. It is almost impossible to issue a general fatwa due to the variations in Islamic practices across the world, including in countries where Islam prevails. In other words, there is a possibility that the mustafti/counsellee’s may be able to practice Islam more freely in a non-Muslim country than in a Muslim country. These paradoxes require the prescription of a specific fatwa specifically tailored to the circumstances or the situation. Thus, apart from possessing knowledge on Islamic jurisprudence, there is a need for the mufti to be aware of the contextual environment and the specific social, economic, cultural and religious circumstances affecting the mustafti/ counsellee. The mufti/counsellor would also need to understand the implications of the mustafti’s wider family and social setting and details on his upbringing before providing him with an answer. 

Another important factor the mufti/counsellor must note is the need to be discerning, cautious and alert to the implications of the questions posed by the mustafti/counsellee. Sometimes, although the apparent meaning of a mustafti’s/ counsellee’s question or word may seem clear, it could contain a hidden or implied meaning. Moreover, many issues that appear straightforward on the surface in fact require due consideration and reflection. Since this is the case, the mufti/counsellor must seek to clarify the question posed by the mustafti/counsellee first, before providing an answer to the question. The mufti/counsellor in this regard, must remain fully aware of the subtleties of an issue and be cognisant to how his replies will be received by the mustafti/counsellee. This follows from the basic idea that religious counsellors must understand both the ideology and psychology of detainees they are engaged with. The counsellors involved in the religious rehabilitation process engage with the detainees not only in their capacity as Islamic scholars but also as psychologists. In most cases, there is a need for the mufti/counsellor to disengage the terrorist detainee’s use of religion in support of feelings of hatred and resentment. 

Most often, this applies to cases where detainees correlate the perceived injustice and oppression experienced by fellow Muslims to the actions committed by the United States and other Western countries, and justify their need to engage in war against the West on these grounds. 

The mufti/counsellor must take into consideration the mustafti’s/counsellee’s psychological circumstances during the course of the counselling session, particularly if he is unable to explain his problems and articulate questions in the presence of the mufti/counsellor. In these cases, the mufti should be gentle and understanding with the mustafti/counsellee. He must be patient both when the mustafti/ counsellee is formulating his question as well as to carefully process his own thoughts when listening to the questions posed by the mustafti/ counsellee. The mufti must also be patient when explaining his answers. If necessary, the mufti/ counsellor must clarify the related legal matters to the mustafti/counsellee by way of advice and guidance, even if they were not directly part of the question. 

Throughout the counselling session, the mufti/ counsellor must give advice in a clear, concise and non-contradictory manner – even when citing direct evidences from the Quran or Sunnah – to avoid misunderstandings on the part of the mustafti/counsellee. An answer presented with logical, credible and well thought-out evidence is more likely to be embraced by the mustafti/ counsellee. It also allows the mustafti/counsellee’ to understand the basis of the mufti’s/ counsellor’s answer. 

Finally, for the mustafti/counsellee, he is to approach the mufti/counsellor with good conduct and respect. It is necessary for him to avoid asking too many questions at a time because each additional question would require additional time during the counselling session. The mustafti/counsellee may ask for evidence or proof upon which the mufti/counsellor has based his ruling. The mustafti/counsellee should refrain from inquiring about a ruling that is hypothetical, except if it concerns an anticipated matter that is likely to occur. This is so that the mustafti/ counsellee avoids asking questions that are not related to religious matters or his well-being. 

These various conceptual and theological challenges also constitute the challenges of the mufti-mustafti approach, hence the need for the mufti and the mustafti to closely adhere to the guiding principles of the mufti-mustafti approach.

Effectiveness of the Mufti-Mustafti Approach 

The immediate aim of the mufti-mustafti approach is to correct the misunderstood concepts of Islam within the mind of a terrorist detainee. The approach also carries the longterm effects of preventing detainees from being influenced by extremist narratives after being released from detention, due to their corrected patterns of thinking. Specifically, this approach is intended to persuade the mustafti/ counsellee on a personal level to identify with the religious rulings given by the mufti/counsellor and become open to new knowledge and new dimensions in his thinking process. The meticulous and customised guidance provided for by the Islamic scholar in his role as a mufti/counsellor is intended to leave a lasting impact on the mind of the mustafti/counsellee. 

Thus, as much as this approach works to deradicalise the terrorist detainee, it also aims to prevent recidivism in the long-term. Upon his release, the terrorist detainee would have realised that the process of issuing a fatwa or legal ruling is arduous and not as easy as reading the Quran and Hadith (sayings of the Prophet Muhammad) and cherry-picking any verses or quotes to suit one’s needs. A mufti’s cogent and thoughtful arguments are based on careful deductions of the Quran, Hadith and Sunnah, and bring much credibility to the legal ruling. This legal ruling carries more weight than the unsubstantiated opinions of unqualified individuals on the streets or on online forums. 

The mufti-mustafti approach serves to rehabilitate terrorist detainees who are primarily radicalised by extremist religious ideologies as propagated by terrorist groups or by otherwise incorrect or extremist Islamist views. The process of answering detainees’ inquiries on religion is structured in systemic stages to ensure that the detainee can understand the process of how a religious ruling is made. This also serves to prevent instances where the mufti/ counsellor may be inclined to perform ‘fatwa shopping’, i.e. arrive at a religious ruling without carefully considering its consequences on the mind and life of a mustafti/counsellee. 

In conclusion, successful religious counselling programmes can place the detainee on the right track, and serve to inculcate in him the correct understanding of religion. The effectiveness of the mufti-mustafti approach depends on the skills of the mufti/counsellor, who must take pains to ensure that the detainee understands the intricacies of interpreting religious texts. In doing so, the mufti will facilitate the mustafti’s/counsellee’s understanding and appreciation for the fatwa issuing process, and at the same time develop trust towards the mufti/counsellor. Thus, the mufti-mustafti approach to religious counseling facilitates the process of deradicalisation, and contributes to achieving the desired objectives of a terrorist rehabilitation programme.

Ustaz Ahmad Saiful Rijal