Muftis

A mufti (/ˈmʌfti/; Arabic: مفتي‎‎ muftī; Turkish: müftü) is an Islamic scholar who interprets and expounds Islamic law (Sharia and fiqh). Muftis are jurists qualified to give authoritative legal opinions known as fatwas. Historically, they were members of the ulama ranking above qadis.

With the introduction of the secular court system in the 19th century, Ottoman councils began to enforce criminal legislation, in order to emphasize their position as part of the new executive. This creation of the hierarchical secular judiciary did not displace the original Shari'a courts.

Shari'a justice developed along lines comparable to what happened to the organization of secular justice: greater bureaucratization, more precise legal circumscription of jurisdiction, and the creation of a hierarchy. This development began in 1856.

Until the Qadi’s Ordinance of 1856, the qadis were appointed by the Porte and were part of the Ottoman religious judiciary. This Ordinance recommends the consultation of muftis and ulama. In practice, the sentences of qadis usually were checked by muftis appointed to the courts. Other important decisions were also checked by the mufti of the Majlis al-Ahkdm or by a council of ulama connected with it. It is said that if the local qadi and mufti disagreed, it became customary to submit the case to the authoritative Grand Mufti.

Later, in 1880, the new Shari'a Courts Ordinance introduced the hierarchical judiciary. Through the Ministry of Justice, parties could appeal to the Cairo Shari'a Court against decisions of provincial qadis and ni'ibs. Here, parties could appeal to the Shari'a Court open to the Shaykh al-Azhar and the Grand Mufti, where other persons could be added.

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