King Abdullah of Saudi Arabia has ordered that the issuing of public fatwas in the kingdom should henceforth be restricted to scholars of his own choosing.

The royal decree, sent to the kingdom's grand mufti (with copies to the interior and justice ministers) says:

"We have noticed some excesses that we can't tolerate, and it is our legal duty to stand up to these with strength and resolve to preserve the religion, the dearest of our belongings.

"We urge you ... to limit fatwas to the members of the High Scholars Authority and to advise on those among them who are wholly ... eligible to be involved in the duty of fatwa so that we allow them to carry out fatwas ...

"All those who violate this order subject themselves to accountability and punishment, whoever they are, because the interests of the religion and the nation are above anything else" 

The decree applies to public fatwas, not those issued privately to individuals for personal guidance. 

According to the official news agency, scholars are banned from "tackling any subject that is considered of strange views or obsolete".

Initially, the issuing of public fatwas will be confined to the High Scholars Authority – a body with about 20 members, all appointed by the king – though selected scholars from the Research and Iftaa committee (which is affiliated to the High Scholars Authority, may also be authorised to issue public fatwas.

No penalties have been specified for disobeying the order, and it is difficult to see how it will be enforced – especially when "unauthorised" fatwas can so easily be posted on the internet.

Government attempts to control fatwas raise free speech issues, just as they do with attempts to control the media, and I have argued before that this is not a solution. For one thing, using government-approved scholars to counter extreme views tends to be ineffective because the government connection damages the credibility of the fatwas.

More widely, it reinforces the importance attached to fatwas in general and further entrenches the authoritarian tendencies in Islam. The real need is for Muslims to rely less on fatwas and move towards a situation where ordinary believers can make their own informed choices on ethical and religious matters.

Posted by Brian Whitaker, 13 August 2010.