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Ahmad al-Fatani’s Fatwa Collection on Modern Problems: Southeast Asian Ulama in the Middle East and Transition of Fiqh Methodology in the late 19th Century

Shiozaki Yuki (Doshisha University)

　The objective of this study is to explore trend of Islamic jurisprudence among Jawiulama community in the Middle East in the late 19th century. This study focused on transition of fiqh methodology and its background including the ulama’s function for the Southeast Asian Muslim society.The late 19th century and the early 20th century were the beginning period of transitionand modernization in Southeast Asia. In the Malay Peninsula modernization showed peculiarfeatures under the British Protection.Although its modernization was dependent on technological innovation such as transportation, communication, and printing like modernization in other regions, the most prominentphenomena were flow of non-Muslim labors such as Chinese and Indians into the Peninsula and rapid enlargement of their socio-economic presence. At the same period, as William Roff described in his Studies on Islam and Society in Southeast Asia (2009), Islamic social relations, especially the Middle Eastern connection wasas important as the British Protection for impulsion of transition. In the period ulama were also expected as responders to modernity, and fiqh methodology underwent transition through ulama’s struggle.
　For the objective of the study, fatwa collection by Wan Ahmad bin Muhammad Zain known as Ahmad al-Fatani (1856-1908) and fatwas by other ulama are analyzed in this study. Ahmad al-Fatani was originally from Pataniin the Malay Peninsula. He migrated to Makkah- and to Cairo, later - and became influential as Islamic teacher and mufti. He was also active as a publisher of kitabjawi. He established a publication center named Matba‘ah al-Turkī al-Majdīyah al-‘Uthmānīyah under patronage of al-Khilāfahal-‘Uthmānīyah. Ahmad al-Fatani sent many literatures including Islamic texts andcritiques on current affairs to Southeast Asia.
　One of the Ahmad al-Fatani’s publications was al-Fatawa al-Fataniyah, the collection of his fatwas. The fatwas were mainly answers to questions from Muslims in Southeast Asia in the period of transition. The collection included answers on new problems such as classification of non-Muslims residents and social relations with them.In addition to them, more crucial topic was rise of sufitariqas such as Ahmadiyya-Idrisiyyain the Malay Peninsula. The controversy between sufi and salafi was rapidly extend problem in the “modern” period in Southeast Asia similarly to other regions in the Islamic world. The controversy occurred simultaneously with competition of fiqh methodologies, traditional fiqh schools (madhhab) and salafi. Ahmad al-Fatani’s answers were totally based on the traditional Shafi‘i School. His citations for arguments were Quran, hadith, and Shafi‘i literatures, especially those by Ibn　Hajar al-Haythamī. In line with Ibn Hajar’s al-Fatāwā al-Kubrā al-Fiqhīyah‘alā al-Madhhab al-Imām al-Shāfi‘ī Ahmad al-Fatani classified non-Muslim new comers as idolatrous non-believers (kuffārwathanīyīn) except ahl al-fatra (the ignorant of the Allah’s message). Ahmad al-Fatani banned rental of realty for non-Muslims if they are expected to commit sins such as selling alcohol and idolatry. On activities of sufitariqa, Ahmad al-Fatani was basically positive in a fatwa for Sultan of Kelantan.
　Ahmad al-Fatanimoved to Cairo to study in al-Azhar in the late 19th century. Until the early 20th century Makkah was most important for Southeast Asian Muslims not only as learning center but also as center of publication and fatwa issuance. After the early 20th century such center moved to Cairo. Ahmad al-Fatani’s career reflected the transition of center.After the transition of the center, salafi methodology in fiqh became influential instead of the traditional Shafi‘i School in Southeast Asia. Several decades later, many of fatwas in Southeast Asia had salafi tendency and blamed tariqa activities. Representative cases are some fatwas in al-Imam, the earliest Malay magazine published in Singapore from 1906 until 1908. The change in Islamic thought widely affected the rise of Islamic movements in the 20th century Southeast Asia.
　The development of salafi methodology in fiqh influenced on sufi activities in Southeast Asia. Implementation of salafi methodology was not limited in discourse on tasawwuf. The period of transition and modernization demanded innovation in Islamic jurisprudence. As with prescriptions for non-Muslims in Ahmad al-Fatani’s fatwas, traditional Shafi‘i School was hard to apply in many situations of the period.In the generally accepted opinion of Shafi‘i School, only Christians and Jews can be dhimmī and coexist in dār al-Islām (abode of Islam). Salafi methodology was more suitable for innovative jurisprudence or ijtihād. However the innovation of jurisprudence on classification of non-Muslims should be considered as result of political and economic adjustment rather than implementation of salafi methodology. After the mid-20th century, classification of non-Muslims askuffārwathanīyīn or harbīyūn (people of the abode of war) disappeared. Even classification of non-Muslims as dhimmī was considered as politically incorrect after 1960s (cf. Fatwa on political coalition with non-Muslims by Mufti of Terengganu in 1955).
　Since the early 20th century, especially after the first establishment of Majlis Agama Islam in Kelantan in 1915, fatwa and other Islamic affairs became under authority of Sultans and state government (kerajaannegeri). Although requests of fatwa to the Middle East were frequent in the Malay Peninsula until 1930s, local institutions forissuing fatwas were developed by the regime. The process was localization and state control of fatwa and shari‘ah interpretation (cf. Shiozaki Yuki (2011) Fatwā Control System in Malaysia: Controlling Interpretation of Sharī‘ah by Modern Muslim State). The Jawiulama community in Makkah worked as neutral religious authority for the Malay Peninsula until the late 19th century. Because of their autonomous circumstances, they could issue fatwa totally in line with Shafi‘i School. After the transition of learning center to Cairo, dissemination of salafi methodology, and establishment of religious authority in the Malay Peninsula, neutral religious authority of Jawiulama in Makkah declined.