ABSTRACT
Fatwa and Islamic criminal law are concepts that have become somewhat common in recent years. A fatwa is a religious verdict given by a knowledgeable (qualied) person (mu”i), a Council of Mu¯is, or a scholar of distinction on subjects connected with Shariah1 (Hasan, 2006) on a troubling religious issue that has only recently emerged in Muslim society (Ramadan, 2006). For this reason, in every Muslim country, there is a mu¯i or a Council of Mu¯is
Introduction 347 Negative Fatwa Ignites Cyber Vandalism 349 Conservatives Versus Reformists 351 Conservatives and Reformists’ Fatwas on Cyber Vandalism 352 Shariah Tends to Be In´exible and Nonresponsive to Modern Issues 352 Islamic Criminal Panel and Cyber Vandalism 354 Shariah Prohibits Cyber Vandalism 355 Conclusion 356 References 356
who are appointed by the government to issue a fatwa on an emerging matter to consider whether the matter is Islamically acceptable. For example, in Egypt, the Al-Azhar Al-Sharif is responsible for issuing fatwas. In Saudi Arabia,2 the o¥cial Council of Senior Scholars, which is headed by Sheikh Abd Al-Aziz Ibn Abdallah Aal-Sheikh, issues fatwas. However, not all fatwas are issued by authorized mu¯is or scholars. Several notorious fatwas were issued by an illegitimate authority. For example, in 1998, a fatwa issued by Osama Bin Laden and four other Islamic radicals called on Muslims to kill Americans and steal their money whenever and wherever they nd it (Jerrold M. Post, personal communication, October 15, 2004). Although this fatwa has been rejected by the majority of the Muslim community, it has ignited acts of terror that have resulted in massive loss of life. However, when a fatwa is issued by a respectable Mu¯i council, such as the Al-Azhar Al-Sharif in Egypt, then the fatwa is greeted in Egypt and among the Muslim community throughout the world.
