By:

Dato’ Hamidon bin Abdul Hamid

Director of IIUM Mosque

INTRO Halal and Haram as explained is the sole right of Allah

and can be derived from shari’ah.

The exersice of pronouncing a hukum (decision) upon a certain matter is called fatwa.

We thank Ustaz Mohammad Aizat Jamaluddin for providing us with the relevant notes.

FATWA• To give a fatwa about a thing is to explain the thing clearly.

(Lisanul Arab) افتاه في األمرة أبان له

To explain the hukum of Allah based on evidences from the syari’ah.

To pronounce the hukum according to syariahconcerning a question asked in religion.

PILLARS OF FATWA Ifta’ / Istifta’ : the process of giving fatwa.

Fatwa: the answer to a question.

Mustafti: the one requesting the fatwa.

Mufti: the one giving the fatwa.

MUFTI & MUJTAHID Al-Shatibi in al-Muwafaqat said that:

The Mufti stands on the pedestal of the Prophet s.a.w because the Ulama’ are the inheritors of the Prophets……

A Mujtahid is one who has the ability to derive a hukum from the syariah sources. A Mufti must be a Mujtahid but a Mujtahid need not be a Mufti. Muftis nowadays are appointed.

Cont….. Mufti gives a fatwa when there is a request for him to

do so.

A Mujtahid makes ijtihad even in the absence of a request.

The fruit of both is still the same ie. a hukum.

Requirements of a Mufti / Mujtahid Arabic

Ulumul Quran

Ulumul Hadis

Usul Fiqh

Maqasid al-Shariah

Fiqh al-Waqi’

Ijma’

Sharp intellect

Integrity

Just (decision based on dalil)

Wahbah al-Zuhaili- Fiqh Islami

FURTHER REQUIREMENTS FOR A MUFTI Sincere

Knowledgeable, Good manners and calm

Strong Spirit

Capable

Knowledgeable about the environment, social and physical

Muhammad Abu Zahrah – Usul al-Fiqh

THE SCOPE OF FATWA An ism or problem that arises in society and the

hukum is not yet known.

There are differences of opinion among scholars and there’s a need for tarjih. (choosing the closest to the truth)

Issues in other countries where fatwas have already been given; to adopt or to adapt according to local circumstances.

Global and Ummatic Issues.

FATWA IN MALAYSIA

State Mufti Department

MuzakarahFatwa

Kebangsaan

JAKIM

Secretariat

THE AUTHORITY TO GIVE FATWA Before the late 80’s fatwa was under the preview of the

state Islamic religious council.

Starting with Selangor in 1989 fatwa was put under the Mufti Department.

Status of Fatwa in laws Section 34 ACT 505 (page 8)

MKBHEAI Set up on 1st July 1969 during the council of rulers

Meeting number 18

To coordinate effectively and to standardize the management of Islamic Affairs in Malaysia.

JFK was set up based on section 11(a)of the regulations of MKBHEAI.

Section 14 mentioned its role (see page 10)

The members: State Muftis and relevant scholars. JAKIM and State JFs are the secretariat

Deliberations of JF MKBHEAI Conference sessions:

Request of the council of rulers.

At least four times per year.

(The decisions of the conference or muzakarah is not binding upon the member states.

The decisions do not become laws until adopted and gazetted by the state religious authority.)

Muzakarah

Upon the Muftis own initiative.

Usually done whenever there is an issue or problem.

HOW IS FATWA MADE? Studied and presented in the fatwa committee usually

strictly adhering to the Syafie Mazhab.

Fatwa committee also adheres to ahli Sunnah walJamaah.

Using the approach of Fiqh al Awlawiyyat.

Fatwa Committee will also refer to the opinions of Sahabah, Tabiin, the Imams, apart from the primary and secondary sources.

THE ROLE OF SYARI’AH The Syari’ah Laws regulate the life of a Muslim and the

Muslim community. It covers the scopes of :▪ Mu’amalat▪ Family laws▪ Evidence and procedures ▪ Civil laws▪ Constitutional laws▪ International laws▪ Criminal laws▪ Finance and Economic▪ Halal and Haram laws

THE ROLE OF SYARI’AHo The objective of Syari’ah laws is the preservation of :

▪ Religion

▪ Intellect

▪ Life

▪ Lineage

▪ Wealth

THE SOURCES OF ISLAMIC LAWPrimary sources:1. Al- Quran2. Sunnah

Secondary sources:1. Ijma’2. Qias3. Ijtihad4. Istihsan5. Masoleh mursalah6. Sadd ul Dzarai’ 7. ‘Uruf8. Istishab9. Opinions of sahabah

IMPORTANT ISSUEFiqh al- AulawiyatThe Prophet s.a.w said:

“ To guard the borders of the Muslim land is better than doing good deeds at home for one thousand years.”