Fatwa issued by scholars of Misrata regarding "Acquiring Italian citizenship": Verification of the Fatwa and explanation of the legal methodology used in its formulation

Abstract

The issue addressed was the ruling on entering Italy, acquiring Italian citizenship, and affiliating oneself with it, given that this occurred in a Muslim country, despite the Italian state's pledge to respect Islam and national customs. This deviates from the general ruling on citizenship acquired in their own country, as the situation is specific because it is in a Muslim land and was a measure taken by the Italians to alienate Libyans within their borders. The study clarified that the meaning of the phrase "he is Italian" can be summarized in two points: First, it could mean that he is of their ethnicity, which is clearly false, an affiliation with someone other than his own, and could lead to disbelief. Second, it could mean that he is of the Italian religion, which is a clear act of apostasy. They interpreted the first interpretation as a blatant lie, comparing it to someone falsely claiming lineage from someone other than their father, and took the hadith literally to deter and condemn this act, lest people take it lightly. The Fatwa was distinctly purposive, based on the objectives of Islamic law. It was purposive in the context of its issuance, a time of occupation when the occupier was attempting to Westernize the country and alienate it from its Islamic identity. This Fatwa thwarted their aims. It was purposive in understanding the speaker's intention and judging each intention individually. Finally, it was purposive in its reliance on the overarching objectives of Islamic law.