Pakistan: Fatwas issued in Karachi and the validity period of fatwas to be acted upon in other cities of Pakistan, particularly in Sialkot (2016–September 2021)
For information on fatwas, including their scope (local or national), format (written or
verbal) and dissemination, see Response to Information Request PAK200386 of January 2021.
1. Issuance of Fatwas
According to sources, a fatwa is an "opinion" (Research Analyst 10 Sept. 2021; Assistant Professor 15 Sept. 2021; Associate Professor 15 Sept. 2021). In correspondence with the Research Directorate, a research analyst at the Pak Institute for Peace Studies (PIPS), a Pakistan-based research and advocacy think-tank which aims to resolve conflicts using knowledge (PIPS n.d.), stated that "any cleric or religious scholar" is able to issue a fatwa (Research Analyst 10 Sept. 2021). Similarly, in an interview with the Research Directorate, an associate professor of religious studies at Saint Mary's University with a research focus on Islam in South Asia stated that "fatwas are issued by everybody who has the smallest amount of legal authority" (Associate Professor 15 Sept. 2021). In correspondence with the Research Directorate, a lawyer in Pakistan who is an advocate of the Supreme Court stated that "any individual" is able to obtain a fatwa (Lawyer 16 Sept. 2021).
According to an assistant professor in the Faculty of Shariah and Law at the International Islamic University in Islamabad, there is no "official institution" that issues or enforces fatwas in Pakistan, which allows for "unlimited and unrestricted authority" to issue fatwas (Assistant Professor 15 Sept. 2021). According to sources, fatwas vary depending on the religious sect that issues them (Assistant Professor 15 Sept. 2021; human rights expert 16 Sept. 2021; lawyer 16 Sept. 2021).
2. Enforcement
According to sources, fatwas are not legally binding (Lawyer 16 Sept. 2021; Research Analyst 10 Sept. 2021). Sources stated that the acceptance of a fatwa will vary based on who issues it (Research Analyst 10 Sept. 2021; Associate Professor 15 Sept. 2021; human rights expert 16 Sept. 2021) and whether that issuer has followers likely to act upon it (Associate Professor 15 Sept. 2021; human rights expert 16 Sept. 2021). In an interview with the Research Directorate, a human rights expert with knowledge of religious freedom in Pakistan and who has been working with religious minorities in Pakistan since 2013, stated that "who issues the fatwa will determine its weight" and that depending on the sect, the strength of support for the cleric that issues the fatwa and the reach of his network of seminaries, the fatwa could "spread across the country" (Human rights expert 16 Sept. 2021).
According to the lawyer, while fatwas are not to be legally enforced by a state institution, "a fatwa may be acted upon voluntarily by the individual(s) or group(s) who obtain them or by any third party" (Lawyer 16 Sept. 2021). Similarly, the human rights expert stated that "anyone" can implement a fatwa (Human rights expert 16 Sept. 2021). According to the Associate Professor, even though a fatwa does not force people to act, an individual who has a fatwa against them can be in a "very risky" situation if the issuing authority has the means and network to enforce it (Associate Professor 15 Sept. 2021). The same source indicated that "[t]he state has almost no control over stopping fatwas; it is a little bit of a free for all" (Associate Professor 15 Sept. 2021). The Associate Professor further stated that if the fatwa is issued by the clerics of a "credible" group, such as the Taliban, it is "not so much a judicial ruling as it is a bounty on your head, which is much more serious" (Associate Professor 15 Sept. 2021). The same source stated that the structure of "non-state actors," such as the Taliban, "often" includes a clerical leader "at the top" whose delegate issues fatwas (Associate Professor 15 Sept. 2021).
The Research Analyst stated that if an individual commits an offence or a crime while following a fatwa, they will still be punished according to Pakistan's laws, since following a fatwa does not provide legal "immunity or concessions" (Research Analyst 10 Sept. 2021). Similarly, the lawyer said that fatwas "cannot override statutory law or judicial precedent" (Lawyer 16 Sept. 2021) and the Associate Professor stated that fatwas are based on religious sources, whereas Pakistan's penal code was adopted from England in the 1860s (Associate Professor 15 Sept. 2021).
3. Regional Differences
According to the lawyer, there are geographical differences between fatwas due to the dominant sect in the area where it is issued (Lawyer 16 Sept. 2021). According to the Assistant Professor, although individuals are under no legal obligation from a fatwa, they are "morally bound" to act upon it regardless of their location; therefore, for example, "a fatwa issued in Karachi should be acted upon in other cities, e.g. Sialkot" (Assistant Professor 15 Sept. 2021). The Research Analyst stated that fatwas issued by religious scholars and institutions with the proper authority to do so are viewed as more credible and Karachi has scholars and religious institutions with that status, which means that people from anywhere may follow their fatwas (Research Analyst 10 Sept. 2021).
According to the lawyer, fatwas are most commonly issued on paper with "some" clerics or their institutions publishing their fatwas online (Lawyer 16 Sept. 2021). However, the Associate Professor stated that fatwas were previously issued on paper but "nowadays, internet fatwas are readily available" and that with the internet, "people inform on each other" and it is "very hard to be anonymous in Pakistan" (Associate Professor 15 Sept. 2021). The same source stated that while Karachi is a large city, it can "feel very small" and that if someone in Karachi has a fatwa against them, the city is "too small to hide in" (Associate Professor 15 Sept. 2021). In discussing fatwas issued against blasphemers, the human rights expert stated that they are not limited to the city they are issued in and that "a fatwa in Karachi can have a trickling effect to Islamabad or Lahore" with fatwas on blasphemers becoming nationwide (Human rights expert 16 Sept. 2021). The source further stated that individuals with blasphemer fatwas against them try to leave Pakistan "because they are not safe anywhere" (Human rights expert 16 Sept. 2021).
4. Validity Period
According to the Research Analyst, "[f]atwas do not have anything like a time or validity period" (Research Analyst 10 Sept. 2021) and the Assistant Professor stated that "there is no time limitation" (Assistant Professor 15 Sept. 2021). Similarly, the lawyer said that fatwas "do not have qualifiers like jurisdiction or time attached to them" and that it does not matter where or how long ago a fatwa was issued (Lawyer 16 Sept. 2021). According to the human rights expert, people with a blasphemy fatwa against them are fearful "even six or seven years" later because anyone that becomes aware of the fatwa can use it "as a tool for taking revenge" (Human rights expert 16 Sept. 2021). When speaking about fatwas issued by groups and non-state actors such as the Taliban, the Associate Professor stated that fatwas are "something people can act on years later" (Associate Professor 15 Sept. 2021).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Assistant Professor, International Islamic University. 15 September 2021. Correspondence with the Research Directorate.
Associate Professor, Saint Mary's University. 15 September 2021. Telephone interview with the Research Directorate.
Human rights expert, Christian Solidarity Worldwide. 16 September 2021. Interview with the Research Directorate.
Lawyer, law firm in Lahore. 16 September 2021. Correspondence with the Research Directorate.
Pak Institute for Peace Studies (PIPS). N.d. "Concept Note." [Accessed 17 Sept. 2021]
Research Analyst, Pak Institute for Peace Studies (PIPS). 10 September 2021. Correspondence with the Research Directorate.
Additional Sources Consulted
Oral sources: Centre for Peace and Development Initiatives Pakistan; Human Rights Commission of Pakistan; lawyer in Pakistan who is a member of Sindh Bar Council and Karachi Bar Association; lecturer in the fatwa studies department at a Pakistani university; Manohar Parrikar Institute for Defence Studies and Analyses; Pakistan Lawyers Foundation; professor of international law at a UK university; professor of Islamic law at a Canadian university; professor of Islamic law at a UK university; professor of Islamic studies at a US university; professor of Islamic studies and south Asian religions at a US university; professor of political Islam at a Canadian university; professor of religious studies at a US college.
Internet sites, including: Al Jazeera; Amnesty International; Australia – Department of Foreign Affairs and Trade; Austrian Red Cross – Austrian Centre for Country of Origin and Asylum Research and Documentation; BBC; Bertelsmann Stiftung; Dawn; EU – European Asylum Support Office; Human Rights Commission of Pakistan; Institute of Development Studies; International Institute of Islamic Thought; International Research Journal of Social Sciences; Journal of Islamic Studies and Culture; Middle East Media Research Institute; Minority Rights Group International; The Netherlands – Ministry of Foreign Affairs; Norway – Landinfo; Pakistan – Council of Islamic Ideology, High Court of Sindh, Ministry of Religious Affairs and Interfaith Harmony; Oxford Islamic Studies Online; Pakistan Ulema Council; Poland – Urząd do Spraw Cudzoziemców; UK – Home Office; US – Department of State, Bureau of Counterterrorism, Bureau of Democracy, Human Rights and Labor, Foreign Assistance Resource Library, Office of International Religious Freedom, Overseas Security Advisory Council.