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Reference to Mazhab in fatwa deliberation: analysis on the administration of Islamic law in Malaysia


Hussain, Mohammad Azam and Megat Latif, Hairuddin and Md Nor, Mohd Zakhiri and Md Desa, Md Rejab and Mohd Khalid, Al-Hanisham and Mohd Akhir, Muhammad Azri (2018) Reference to Mazhab in fatwa deliberation: analysis on the administration of Islamic law in Malaysia. International Journal of Law, Government and Communication, 3 (13). pp. 236-244. ISSN 0128-1763

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Abstract

The four major sects recognized in Islam in understanding the Syariah law are the Hanafi, Maliki, Syafie and Hanbali. In Malaysia, Article 3 of the Federal Constitution stipulates that Islam is the Religion of the Federation without elaborating further on sectarian aspect that needs to be followed by Muslims in the country. For the majority of Muslims in Malaysia, Shafie sect is a reference and guidance in their daily practice. The question arises, what is the legal position regarding reference to the sect in the fatwa deliberation in the states of Malaysia. By using content analysis method, this article examines the provisions of laws in the states of Malaysia in regulating the fatwa affairs. This study found that, the majority of laws regulating fatwa affairs in the states of Malaysia have stipulated that the reference to the accepted view (qaul muktamad) of the Syafie sect is a priority in the Syariah deliberation. However, if that accepted view (qaul muktamad) is contrary to the public interest, then the reference to the accepted view (qaul muktamad) of the Hanafi, Maliki or Hanbali sects can be used as a reference. The study also found that only the state of Perlis, which provides a reference to the al-Quran and al-Sunnah in the fatwa deliberation by the State Fatwa Committee.

Item Type: Article
Uncontrolled Keywords: Fatwa, Mazhab, Fatwa Administration, Islamic Law, Syariah Ruling.
Subjects: K Law > KZ Law of Nations
Divisions: School of Law
Depositing User: Mrs. Norazmilah Yaakub
Date Deposited: 27 Jan 2019 01:18
Last Modified: 27 Jan 2019 01:18
URI: http://repo.uum.edu.my/id/eprint/25488

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