“ 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
