Standardisation of Fatwa in Malaysia : Issues , Concerns and Expectations

Mohamed Azam Mohamed Adil

doi:10.12816/0019166

Article Details

Standardisation of Fatwa in Malaysia : Issues , Concerns and Expectations

Authors:

Mohamed Azam Mohamed Adil

Publisher:

International Institute of Advanced Islamic Studies

Main Topics:

Islam, Bábism & Bahá"í Faith

Journal:

Islam and Civilisational Renewal 2015 vol.6 Issue 2, pp.196-211

Document Type:

Article

Publication Date:

4/2015

Document Language:

English

Document ID (Org No.):

75794

Frequency:

Quarterly

pISSN:

13940937

DOI:

10.12816/0019166

Descriptors:

Abstract:

 The establishment of the institution of fatwa can be traced back before the independence of Malaysia. In the beginning, a Mufti was placed under the respective Islamic Councils. To a certain extent, a Mufti was also a judge (kadi) and presided over cases in the Shari’ah courts. Legally, a Mufti’s views are not considered as fatwas. Only fatwas issued by the respective States’ Fatwa Committees are regarded as fatwas. A fatwa is binding upon Muslims of the state where it is issued after being consented to by the Sultan and later gazetted. The problem is that more often than not, conflicting fatwas at state and national levels do occur, and this has led to confusion and problems. This article attempts to analyse the problems surrounding the conflicting fatwas. It suggests that the standardisation of fatwas at state and federal levels could be done by requesting the respective States’ Fatwa Committees to abide by the fatwas issued by the National Fatwa Committee. It is also suggested that fatwas issued by the respective States’ Fatwa Committees should be brought up to the National Fatwa Council for standardisation. It is also suggested that a Grand Mufti should be appointed on rotational basis like the selection of the Yang Di Pertuan Agong, after being consented to by the Council of Rulers. However, the position of Gand Mufti will not supersede the position of the respective States’ Muftis.

Article Details

Standardisation of Fatwa in Malaysia : Issues , Concerns and Expectations

Authors:

Mohamed Azam Mohamed Adil

Publisher:

International Institute of Advanced Islamic Studies

Main Topics:

Islam, Bábism & Bahá"í Faith

Journal:

Islam and Civilisational Renewal 2015 vol.6 Issue 2, pp.196-211

Document Type:

Article

Publication Date:

4/2015

Document Language:

English

Document ID (Org No.):

75794

Frequency:

Quarterly

pISSN:

13940937

DOI:

10.12816/0019166

Descriptors:

ISLAMIC LAW

PROVISIONS OF SHARIA

FATWAS

MALAYSIA

Issues

Article Details

Standardisation of Fatwa in Malaysia : Issues , Concerns and Expectations

Authors: Mohamed Azam Mohamed Adil

Publisher: International Institute of Advanced Islamic Studies

Main Topics: Islam, Bábism & Bahá"í Faith

Journal: Islam and Civilisational Renewal 2015 vol.6 Issue 2, pp.196-211

Document Type: Article

Publication Date: 4/2015

Document Language: English

Document ID (Org No.): 75794

Frequency: Quarterly

pISSN: 13940937

DOI: 10.12816/0019166

Descriptors:

ISLAMIC LAW

PROVISIONS OF SHARIA

FATWAS

MALAYSIA

Issues

Authors:

Mohamed Azam Mohamed Adil

Publisher:

International Institute of Advanced Islamic Studies

Main Topics:

Islam, Bábism & Bahá"í Faith

Journal:

Islam and Civilisational Renewal 2015 vol.6 Issue 2, pp.196-211

Document Type:

Article

Publication Date:

4/2015

Document Language:

English

Document ID (Org No.):

75794

Frequency:

Quarterly

pISSN:

13940937

DOI:

10.12816/0019166