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| High Council of Ulema | |
|---|---|
| Name | High Council of Ulema |
| Formation | c. 20th century |
| Type | Religious council |
| Purpose | Islamic jurisprudence and advisory |
| Leader title | Grand Mufti |
High Council of Ulema is a collective title used by several national and transnational bodies of senior Islamic scholars who issue religious guidance, legal opinions, and moral edicts for Sunni, Shia, and occasionally Ibadi communities. The institution often interacts with national authorities, judicial systems, educational institutions, and international organizations such as the United Nations, Organization of Islamic Cooperation, and regional bodies in contexts ranging from constitutional consultation to fatwa issuance. Councils labeled under this title have appeared in states including Egypt, Saudi Arabia, Pakistan, Turkey, Iran, Iraq, Morocco, and Indonesia, and have influenced debates involving figures and texts like Al-Azhar University, Dar al-Ifta al-Misriyyah, Darul Uloom Deoband, Grand Imam of Al-Azhar, and works such as Al-Muwatta and Al-Ghazali.
The council functions as a forum for senior jurists, muftis, and academics drawn from seminaries such as Al-Azhar University, Najaf Seminary, Qom Seminary, and Jamia Millia Islamia, interacting with institutions including Supreme Court of Pakistan, Constitutional Court of Turkey, Shura Council (Saudi Arabia), and Majlis (Iran). It issues collective pronouncements that reference scholarly authorities like Imam Abu Hanifa, Imam Malik, Imam Al-Shafi'i, Imam Ahmad ibn Hanbal, Imam Jafar al-Sadiq, and Ibn Taymiyyah while engaging with modern legal instruments such as the Universal Declaration of Human Rights, national constitutions like the Constitution of Egypt and Constitution of Pakistan, and international treaties including the Geneva Conventions.
Pre-modern roots trace to Sunni and Shia institutional developments involving entities like the Fatimid Caliphate, Abbasid Caliphate, Ottoman Empire, and scholarly centers such as Cairo and Baghdad, where fuqaha associated with schools like Maliki school, Hanafi school, Shafi'i school, and Hanbali school issued rulings. Colonial and postcolonial eras saw formation of bodies modeled after Dar al-Ifta al-Misriyyah, Grand Mufti of Jerusalem, and colonial-era advisory councils in British India and French Algeria, leading to modern incarnations during regimes such as Kingdom of Saudi Arabia, Republic of Turkey (1923–present), and postwar Indonesia. Influential episodes include debates following the 1924 abolition of the Ottoman Caliphate, the 1952 Egyptian Revolution, the 1979 Iranian Revolution, and legal reforms under leaders like Mustafa Kemal Atatürk, Gamal Abdel Nasser, Zulfikar Ali Bhutto, and King Mohammed VI.
Membership typically comprises grand muftis, ayatollahs, muftis, professors from Al-Azhar University, clerics from Jamia Millia Islamia, jurists from Darul Uloom Deoband, and representatives of bodies such as Islamic Development Bank, Muslim World League, and national ministries of religious affairs. Selection methods vary: appointment by heads of state like King Faisal, confirmation by parliaments such as Parliament of Turkey, election within seminaries like Najaf Seminary, or nomination by councils like Ulama of Morocco. Titles represented include Grand Mufti, Ayatollah, Sheikh al-Islam, Marja' taqlid, and Mufti, with membership often reflecting affiliations to political actors including Military regimes in Pakistan, Ba'ath Party, Muslim Brotherhood, and monarchies such as Hashemite Kingdom of Jordan.
Councils provide fatwas, advisory opinions for heads of state, curricular oversight for madrasas, certification for imams, and arbitration in family, inheritance, and personal status matters before tribunals like Sharia courts and civil courts referenced in laws such as the Egyptian Personal Status Law and Muslim Personal Law (Shariat) Application Act. They advise ministries including Ministry of Awqaf, Ministry of Religious Affairs (Indonesia), and coordinate with universities like Al-Azhar University and University of Tehran on curricula referencing classical texts such as Al-Fiqh al-Islami wa Adillatuh and contemporary guides like Taqi Usmani's works. Their authority ranges from symbolic influence in civil societies such as Indonesia to statutory powers enshrined in constitutions like Iranian Constitution or statutes in Pakistan.
Decisions include issuing fatwas on matters from family law to bioethics, adjudicating in sharia tribunals, and participating in constitutional adjudication alongside bodies like Supreme Court of Pakistan and Constitutional Council of Iran. Councils have deliberated on controversies involving texts and figures such as Sahih al-Bukhari, Ibn Khaldun, Rumi, and modern issues like banking interest disputes cited in Islamic banking, medical ethics debates involving in vitro fertilization and organ transplantation, and counterterrorism policies after incidents involving groups such as Al-Qaeda and ISIS. Their rulings often cite canonical jurists including Al-Bukhari, Ibn Taymiyyah, Al-Nawawi, and Al-Shatibi while being invoked in legislative processes by parliaments like the Pakistani National Assembly.
Relationships vary: some councils operate under executive ministries like Ministry of Islamic Affairs (Saudi Arabia), others hold constitutional roles as in Islamic Republic of Iran, while still others serve consultative functions akin to House of Ulema commissions in Morocco or advisory panels within the Turkish Directorate of Religious Affairs. Interactions with law-enforcement and security agencies such as National Intelligence and Security Agency or ministries of interior have affected implementation of decisions during crises like the Arab Spring and counterextremism campaigns in states including Egypt, Tunisia, and Jordan.
Critiques include allegations of political cooptation under regimes such as Hosni Mubarak's government, disputes over legitimacy raised by rival institutions like Salafi movements and Shia clerical networks, and conflicts with human rights bodies including Amnesty International and Human Rights Watch over rulings on women's rights, apostasy, and blasphemy laws exemplified by cases in Pakistan and Saudi Arabia. Controversies also involve internal schisms between schools represented by figures like Abul A'la Maududi, Sayyid Qutb, Ayatollah Khomeini, and reformers tied to Muhammad Abduh and Jamal al-Din al-Afghani.
Category:Islamic institutions