The application of maslahah in the formulation of fatwa in Malaysia

Abstract

Islam, as a religion of truth, instantiates the code of life as designed by its Creator. It is characterised as flexible to facilitate the rapid changes and development of time and places. Additionally, this distinctive feature is vital not only to demonstrate Islam’s suitability and superiority but also to support the progression of the legal structures to bring the benefit for the ummah. In this regard, fatwa is one of the legal tools in providing a solution to new circumstances. This study deals with fatwa as the mechanism for the elucidation of rulings. Generally, the formulation of fatwa is closely related to the principle of maslahah as the end result of the ruling. In this instance, Islamic law under Muslim juristic purview has laid down certain parameters of fatwa and maÎlaÍah before a new ruling is established. This study aims to investigate the fatwa derivation in Malaysia with regard to whether the application of maslahah conform with a proper guideline due to the minimal evidence provided that renders the fatwa as ambiguous. The examination extends to the concept and application of maslahah in Islamic jurisprudence to see whether the derivation of fatwa in Malaysia conforms to certain uniformed parameters as outlined under Islamic law or not. The study also analysed selected fatwas issued by the MKI’s Muzakarah Committee and by several States in Malaysia to examine whether they are based upon certain standards and procedures as well as to determine the extent of the application of maslahah in the formulation of fatwa. The research adopts qualitative research involving doctrinal and conceptual analysis where the doctrine and concept of fatwa and maslahah are examined and appraised. The findings of the research reveal that the ambiguity in the fatwa was due to the inadequacy of the provision of sighah of fatwa in the State Enactments. Furthermore, the fatwa also lacks the details with regard to the justification and ratiocination of the ruling in the sighah. It is suggested that the provision with regard to the sighah of fatwa should be provided in the State Enactments which includes the explanation and evidence should the necessity arises since a comprehensive explanation, basis and reasoning contribute to a better understanding of the ruling. Furthermore, the parameters of fatwa and maslahah should be strictly adhered to, and the application of maslahah in the formulation of fatwa should be coordinated and uniformed in all Sates in Malaysia, specifically the matters related to national interest. It is hoped that the results and findings of this research will be useful for reference and future research particularly in relation to the execution of fatwa based on national interest.