Mazahib.
Vol 23.
No.
Pp.
http://doi.
org/10.
21093/mj.
https://journal.
id/index.
php/mazahib/index P-ISSN: 1829-9067 | E-ISSN: 2460-6588 The Influence of the Shafie School on Fatwa Methodologies in Malaysia: Toward the Unity of UmmahAos Objective Muhammad Safwan Harun1*.
Abdul Karim Ali2.
Aminun Nabil Ahmad Syahir3 1,2,3 Universiti Malaya.
Malaysia Abstract MaqAid al-shariah, which refers to the aim or goal intended by Islamic law to benefit humankind, is closely related to the issuance of fatwas.
This condition raises the question of whether maqAid al-shariah is fully considered in the fatwa issuance process in Malaysia.
The methodology used in issuing fatwas in Malaysia is unique as the Shafie school is the primary reference, and the methodology aims to create a systematic fatwa management system in preserving unity.
However, the approach does not generally embrace maqAid al-shariah, such as freedom, and favors an easier option .
l-tays.
to examine diverse views outside the Shafie school.
This condition raises questions about the capability of the sectarian methodology practiced in the current issuance of fatwas and whether the fatwa methodology tied to the Shafie school can manifest maqAid al-shariah in every law.
This paper aims to examine the achievement of maqAid al-shariah in the fatwa methodology that contains the strong tradition and influence of the Shafie school.
Through inductive, deductive, and comparative document research, this study revealed three main findings.
First, maqAid al-shariah in the fatwa methodology in Malaysia is applied through shariah arguments parallel with the uul al-fiqh framework.
Second, the Malaysian fatwa methodology that references the final view of the Shafie school is intended to achieve uniformity and unity among the Muslim-majority community in Malaysia, which coincides with maqad wihdatul ummah.
Third, when malahah is not achieved in certain circumstances, views of schools other than the Shafie school can be consulted.
Keywords: MaqAid al-shariah.
Fatwa.
Methodology.
Wihdatul Ummah .
he unity of umma.
Malaysia * Corresponding author.
Email: safone_15@um.
352 | Mazahib Jurnal Pemikiran Hukum Islam.
Vol 23 No.
Introduction Several past and present scholars have discussed the meaning of maqAid al-shariah for years.
Although there are views from previous scholars stating that the definition of this term is not inclusive and exclusive .
ami' and mani'), it cannot be denied that they are the pioneers of the discourse in this field.
With this all situation, there is a need to emphasize that there should be a clear understanding of the twin terms of qad and Sharia so that the term maqAid al-shariah can be defined clearly.
Among the scholars who introduced the definition of maqAid al-shariah in the current context are Ibn 'Ashur, al-Raysuni, and Ibn Bayyah.
According to Ibn 'Ashur, maqasid al-shariah is:
AIEOI OEEI IEEO EE OA IO OE EO OA
A O E A IEN EEOI OA IO A IIAUAIINA
AEI EOA
Translation: The preserved meanings and wisdom conducted by sharia maker in all or most of the circumstances of shariah, which is the preservation is not specifically in any shariah law.
Meanwhile, al-Raysuni definition, that is:
AEO EO O EO EE COCN IEAE EA
Translation: MaqAid al-shariah is some goals intended by shariah for the realization of the benefits to humankind.
Muhammad al-Tahir Ibn AoAshur.
Maqasid al-ShariAoah al-Islamiyyah, 2nd ed.
Muhammad al-Tahir al-Misawi.
Ed.
, (Jordan: Dar al-Nufais, 2.
, 55.
Ahmad al-Raysuni.
Nazariyyah Maqasid AoInda al-Imam al-Shatibi, (Herndon: al-MaAohad al-AoAlami li al-Fikr al-Islami, 1.
, 20.
Muhammad Safwan Harun, et.
The Influence of the Shafie School onA | 353 Ibn Bayyah defined a lengthier and more comprehensive definition of maqAid al-shariah.
UAIEOI EO O eO IEANOI II E A A Oe IEIO OIEI OEEI OEO IEIAUAAEO O A UA OI OA IIN II EO IEA EEN IEAUAII EA
AEECOE EO i IEAE E IEOI EAAOE O OAA
AEIEA
Translation: MaqAid al-shariah is The particular .
uzAo.
or universal .
meanings that are understood from GodAos command of a believer, whether at the beginning, initially, or subsidiary, as well as the meaning, wisdom, and purposes that are derived from the commands, and what it means with its various reasons that are understood by human minds and include the public interest .
, known in detail or in a sentence.
From these scholars' definitions, the terms and definitions used to explain maqAid al-shariah are in various forms.
However, upon examination, there are some close similarities in the definition.
Thus it can be formulated that maqAid al-shariah is a discourse on:
a Malahah of the mukallaf .
egally responsible individual.
in the world that guarantees his well-being in the hereafter, a Malahah either by creating advantages or eliminating damage and Ibn Bayyah.
Mashahid min Maqasid, 3rd ed.
, (Riyad: Dar al-Tajdid, 2.
, 32-33.
354 | Mazahib Jurnal Pemikiran Hukum Islam.
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a Malahah brings out maqAid al-shariah, which has been prescribed in the commands .
hitab shAriA.
The discourse among scholars around the year 2005 marked the beginning of maqAid al-shariah in Malaysia.
According to a literature review by Ahmad Syukran et al.
, it was found that the discourse of maqAid al-shariah in Malaysia has been around in Malaysia for about 15 years.
Nevertheless, since 2010, this field has been increasingly gaining attention and proliferating discussion.
6 The development of discourse in this field is gaining ground through the establishment of several institutions that organize seminars, workshops, and research in the field of maqAid alshariah in Malaysia.
Among the specifically involved institutions are the Darul Ehsan Institute and Maqasid Institute Malaysia.
The influence of maqAid al-shariah discourse developed in Malaysia later received attention from the Malaysian government.
This influence can be observed in the introduction of the Malaysian Shariah Institue, which was established during the era of the 6th Prime Minister of Malaysia.
Dato' Sri Haji Mohammad Najib bin Tun Haji Abdul Razak.
7 Following that, during the era of Tun Dr.
Mahathir Mohamad as the 7th Prime Minister, maqAid al-shariah was highlighted in religious Muhammad Safwan Harun.
AuPemikiran Maqasid Al-ShariAoah Yusuf Al-Qaradawi Dan Muhammad SaAoid Ramadan Al-Buti: Satu Kajian PerbandinganAy .
esis kedoktoran.
Universiti Malaya.
Kuala Lumpur, 2.
, 45.
Ahmad Syukran Baharuddin.
Aiman Abdull Rahim.
Wan Abdul Fattah Wan Ismail.
Lukman Abdul Mutalib.
Siti Robiatun Addawiyah Roslan and Aminuddin Ruskam.
AuPerkembangan dan Pola Literatur Maqasid Syariah di Malaysia: Analisis SistematikAy.
International Journal of Maqasid Studies and Advanced Islamic Research, 2.
, .
, 50.
Ahmad Syukran Baharuddin, 38.
Muhammad Safwan Harun, et.
The Influence of the Shafie School onA | 355 administration through the idea of Rahmatan Lil Alamin by the Minister in the Prime Minister's Department (Religious Affair.
Datuk Seri Dr.
Mujahid Yusof.
8 One of the cores of the idea was to apply maqAid al-shariah in the administration of Islam by emphasizing the care of five main subjects: religion, life, intellect, lineage, and The core was then applied in Islamic governance in Malaysia through the establishment of IMaqSD by the Malaysian Islamic Development Department (JAKIM) on 15 August 2020.
Following the development of maqAid al-shariah in Malaysia, fatwa is one area directly affected.
The origin of the discourse of maqAid al-shariah is from the principles of fiqh, which is the science and means for exercising ijtihAd, isinbat, and fatwa.
However, looking into the methodology of fatwa practised by the states, it is revealed that maqAid al-shariah is not considered a proposition in the issuance of fatwas.
On the other hand, the approach that has become a tradition in issuing fatwas by most states is to uphold the views of the Shafie School of Thought.
Perak, as one of the states that share the same views, stated in the Administration of the Religion of Islam Enactment 1992, in part i Ae Mufti and Sharia Committee.
Under Section 39.
Nas which will be acknowledged, insisted:
In issuing a fatwa under Section 34 or 36 or in giving or certifying any opinion under Section 38, the Mufti shall ordinarily follow the accepted views .
awl muktama.
of the Shafie School.
Ahmad Syukran Baharuddin.
JAKIM.
MyMaqasid.
Jabatan Kemajuan Islam Malaysia.
Retrieved on 5 June 2022 from https://w.
my/ms/mymaqasid/i-maqsd 356 | Mazahib Jurnal Pemikiran Hukum Islam.
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The same matter can be observed in the enactments of the other states.
From one aspect, the influence of the Shafie School of Thought in the discipline of fatwa in Malaysia is the result of an influence that has existed since old times.
The influence can be observed in legal practices, education, and laws.
Among the proofs is the content of the Terengganu Inscription Stone that stated the ten "Dharmas", which were the rules that Terengganu government tried to implement at that 10 Among the rules stipulated in this regulation is about the law of stoning or flogging for fornication, refusal to pay debts, and other rules based on the views of the Shafie School of Thought.
However, the influence of the Shafie School in the fatwa methodology currently raises questions since the methodology does not seem to apply general maqAid alshariah, such as freedom and favoring easier options .
in examining diverse views other than the Shafie In practice, the fatwa methodology is often emphasized, favoring the easier option .
l-tays.
, which considers jurisprudence views across schools.
12 In certain circumstances, there are fatwas such as salary zakat fatwas.
Amanah Saham Berhad (ASB) fund investments, and determining illegitimate child lineage that conflicts between states in Malaysia even though Mahmood Zuhdi.
AuMazhab Syafi'i di Malaysia: Sejarah.
Realiti dan Prospek Masa Depan,Ay Jurnal Fiqh, 4.
, .
, 1-38.
11 Rahimin Affandi Abdul Rahim.
Paizah Ismail.
Mohd Kamil Abd Majid and Nor Hayati Md.
Dahlal.
AuBatu Bersurat Terengganu: Satu Tafsiran Terhadap Pelaksanaan Syariah Islam,Ay Jurnal Fiqh, 7.
, .
, 107-148.
12 Muhammad Safwan Harun.
Mohd Farhan Md.
Ariffin and Muhammad Ikhlas Rosele.
AuSocial Change in the Time of Covid-19:
A Phenomenal Study in Malaysia from the Perspective of Maqasid Al-SharAoahAy.
Journal of Islamic Thought and Civilization 11 .
, .
, 196-199.
Muhammad Safwan Harun, et.
The Influence of the Shafie School onA | 357 these fatwas are said to have gone through considerations of malahah.
The reality that happens is contrary to the premise asserted by Ibn 'Ashur, which states that the application of maqAid al-shariah in Islamic law should be able to avoid disputes.
13 As such, this raises questions about the authority of maqAid alshariah that continually follows schools of thought traditions in its fatwa methodology.
The question regarding this issue is whether the fatwa methodology, which is bound to the Shafie school, can uphold the maqAid al-shariah behind the rulings.
Therefore, research on the authority of maqAid al-shariah through the fatwa methodology that incorporates strong traditions and influences of the Shafie school should be conducted properly.
The Influence of the Shafie School in Malaysia Local Since Islam's arrival, the Shafie sect has been the main school of thought in Malaya's Islamic education and law.
14 Starting with the Islamic kingdoms of Pasai and Terengganu, then followed by the Islamic Kingdom of Melaka, the Shafie sect has become the basis and reference for law and jurisprudence in all aspects.
During the 15th century AD, the Malay Empire of Malacca became the leading centre of Malay Islamic culture in the world.
It became the centre for spreading Islam throughout South East Asia16 by adopting the Ibn AoAshur.
AuMaqasid al-ShariAoah, 3-4.
Inarah Ahmad Farid and Saadan Man.
AuKeterbukaan Bermazhab Dalam Realiti Di Malaysia: Keperluan Atau Kecelaruan?Ay Jurnal Syariah, 20.
, .
, 289-308.
15 Mahmood.
AuMazhab Syafi'i di Malaysia.
Sejarah, 1-38.
16 Mohd Zahirwan Halim Zainal Abidin.
Muhammad Yusri Yusof @ Salleh.
Paiz Hassan.
Hamdi Rahman Mohd Yaacob.
Shahril Nizam 358 | Mazahib Jurnal Pemikiran Hukum Islam.
Vol 23 No.
Shafie school as the primary reference in matters of 17 During the Malacca Malay Sultanate, the scholars used many books from the Shafie school as their teaching materials in the palace, which then became the study centre for the royal family and dignitaries.
Efforts in establishing educational institutions and Islamic traditional study centres such as pondok development among the Malay community.
The culture of knowledge became commonplace when the Malay community began to prioritise aspects of education and knowledge by establishing these institutions.
In teaching jurisprudence to the Malay community through formal or informal education, books, references, and opinions from the Shafie School were used as the main basis of learning in government schools in this country and continues up to the present, whether at the primary or secondary level.
Zulkipli and Ab.
Munir Md.
Noh.
AuPengaruh Islam Dalam Perkembangan Intelektual di Alam Melayu,Ay Jurnal Pengajian Melayu (JOMAS), 25.
, .
, 102-116.
17 Wan Zulkifli.
Hasnan.
Zulkifli Mohamad.
Sabri.
Nazri Muslim and Azizi Umar.
AuThe Culturalization of The Sect of Shafi'i in Forming Harmony In The Malay Society in Malaysia,Ay Journal of Applied Sciences Research, 8.
, .
, 2531-2542.
18 Muhammad Ikhlas Rosele.
Mohd Anuar Ramli.
Mohd Farhan Md.
Ariffin and Syamsul Azizul Marinsah.
Legasi Mazhab Syafi'i Di Malaysia: Antara Kekangan Tradisionalisme Dan Tuntutan Liberalisme, .
aper presented at the 1st International Islamic Heritage Conference.
Melaka, 11-12 November 2.
19 Kamaruzzaman Bustamam Ahmad.
AuEducational practice: lessons to be learned from madrasah and religious schools in contemporary Southeast Asia,Ay Indonesian Journal of Islam and Muslim Societies, 5.
, .
, 29-48.
20 Syed Salim Syed Shamsuddin.
Muhammad Farid Wajdi Ab.
Rahim.
Abdul Karim Pardon and Mohd Faisal Mohamed.
Kitab Turath Fiqh Syafie Jawi Sebagai Medium Penyampaian Ilmu Fardu Ain di Malaysia: Analisis Metodologi Penulisan Kitab Hidayat Al-Sibyan Fi Muhammad Safwan Harun, et.
The Influence of the Shafie School onA | 359 In general, most fiqh books written by scholars in the Malay Archipelago, such as those from Thailand.
Indonesia.
Borneo, and Malaysia, use the Shafie School as their reference.
The proof is that the books written by scholars in the Archipelago referred to most of the work by ShafiAoiyyah as the source of reference.
The writing of fiqh books in the Malay language began at the beginning of the 17th century.
The Book Sirat al-Mustaqim written by Syeikh Nuruddin al-Raniri is the oldest and earliest shariah work ever found in Pahang.
Malaysia.
Although from a foreign country, he was recognised as a well-known Malay scholar.
He was also the first scholar to pioneer great writings on jurisprudence in Malay history.
Non-Formal Education Since immemorial, the Shafie school has been considered the main basis and reference in traditional Islamic education in Malaysia.
Studies in Islamic traditional study centres of pondok, madrasahs, mosques, surau, and religious schools still use fiqh work by the Shafie school as the main text during the teaching and learning process.
23 Fiqh was considered one of the Ma'rifat Al-Islam Wa Al-Iman, .
aper presented at the Seminar Antarabangsa Islam dan Sains (SAIS), 8 Oktober 2.
21 Wan Zulkifli Wan Hassan.
Nazri Muslim.
Rozmel Abdul Latiff and Nani Rahayu Sallihudin.
AuPractice in Certain School and Fanatic Inclination to One School: A Study Among Malaysian Shafi'i Mazhab Within Islamic Civilization Context,Ay Journal of Engineering and Applied Sciences, 15.
, .
, 586-595.
22 Wan Zulkifli.
Nazri Muslim.
Rozmel Abdul and Nani Rahayu.
AuPractice in Certain School and Fanatic Inclination, 586-595.
23 Idris Awang and Tengku Sarina Aini Tengku Kasim.
AuPembudayaan Mazhab Syafie Dalam Masyarakat Islam di Malaysia,Ay Jurnal Fiqh, 4, .
, 157-172.
360 | Mazahib Jurnal Pemikiran Hukum Islam.
Vol 23 No.
most important subjects taught in these institutions.
The textbooks used were entirely from the Shafie school, whether the books were in Classic Malay written in Jawi or Arabic.
Among the books written in Classical Malay are KitAb HidAyat al-Muta'alim wa 'Umdat al-Mu'allim.
Munat al-Musalli, and KitAb Fur' al-MasA'il wa Uul al-WasA'il written by Sheikh Daud bin Abdullah al-Fatani.
Kitab alBahr al-WAfi wa al-Nahr al-SAfi, and Matla' al-Badrain wa Majma' al-Bahrain by Sheikh Muhammad bin Ismail Daudi al-Fatani.
Kitab Sabl al-Muhtadin Li Al -Tafaquh fi Amr al-Din by Sheikh Muhammad Arshad al-Banjari and In addition, fiqh books in the Shafie School, written in Arabic, were also used as textbooks and in teaching and were followed by many communities in the Archipelago.
Among them are matan al-GhAyah wa alTaqrb written by al-Qadhi Abu Syuja' al-Asfahani.
Minhaj al-TAlibin written by Imam Nawawi.
Fath al-Mu'in written by Sheikh Zainuddin al-Malibari.
HAsyiah Qalyubi wa 'Umairah 'ala Syarh al-Mahalli by Syeikh Syihabuddin Ahmad al-Qalyubi Syeikh Zulkifly Muda.
Mazhab Syafie: Wadah Penyatuan Ummah di Malaysia, .
aper presented at the Konvensyen Pendidikan Islam & Ilmuan Muslim.
Ipoh.
April http://mufti.
my/rakyat/koleksi-umum/himpunankertas-kertas-kerja#kertas-kerja-konvensyen-pendidikan-islamdan-ilmuan-muslim-2019.
25 Mohd Yusri Ibrahim AuMazhab Syafie: Its Influence And Progression In The Archipelago,Ay International Journal of Humanities.
Philosophy and Language, 2.
, .
, 51-62.
26 Zulkifly Muda.
Mazhab Syafie: Wadah Penyatuan Ummah di Malaysia, .
aper presented at the Konvensyen Pendidikan Islam & Ilmuan Muslim.
Ipoh.
April http://mufti.
my/rakyat/koleksi-umum/himpunankertas-kertas-kerja#kertas-kerja-konvensyen-pendidikan-islamdan-ilmuan-muslim-2019.
Muhammad Safwan Harun, et.
The Influence of the Shafie School onA | 361 Syihabuddin Ahmad al-Burullusi.
Hasyiah I'Anat alTalibin by Sayyid Abu Bakr Muhammad Syata alDimyati.
27 The texts al-Muhazzab by Imam al-Shirazi and Fath al-WahhAb, by Sheikh al-Islam Zakariya alAnsari, which were written in Arabic, were also used as the main reference source.
In delivering lessons or lectures in the mosques and surau, the references were based on books from the Shafie School.
29 These prove the extent of the Shafie SchoolAos influence on Malaysian society, whether among the public, socialites, or clerics.
When each of these groups was exposed to only one school of thought, an attachment to a particular school would be formed30 in addition to the context of the knowledge discussed was easy to understand and to apply the knowledge into daily life practices.
Formal education The Education Act 1961 .
hich is based on the Razak Report 1956 and the Rahman Taib Report 1.
has brought major changes in the national education system by making Islamic Education a subject in the government school curriculum.
31 In 1988, the Malaysian Mohd Yusri Ibrahim AuMazhab Syafie: Its Influence And Progression, 28 Mahmood.
AuMazhab Syafi'i di Malaysia.
Sejarah, 1-38.
29 Idris Awang and Tengku Sarina Aini.
AuPembudayaan Mazhab Syafie, 30 Zulkifly Muda.
Mazhab Syafie: Wadah Penyatuan Ummah di Malaysia, .
aper presented at the Konvensyen Pendidikan Islam & Ilmuan Muslim.
Ipoh.
April http://mufti.
my/rakyat/koleksi-umum/himpunankertas-kertas-kerja#kertas-kerja-konvensyen-pendidikan-islamdan-ilmuan-muslim-2019.
31 Asmawati Suhid.
Abd.
Muhsin Ahmad.
Syaza Mohd Sabri and Azreen Effendy Mohamad.
AuPendidikan untuk Semua: Amalannya 362 | Mazahib Jurnal Pemikiran Hukum Islam.
Vol 23 No.
Ministry of Education implemented the Integrated Secondary School
Curriculum
(KBSM)
comprehensively applied it in 1989.
The New Primary School Curriculum (KBSR) was fully implemented in 1983 to replace the Old Primary School Curriculum (KLSR), which was no longer relevant in the national education system.
33 Later, this system was further streamlined, and the Integrated Primary School Curriculum (KBSR) was introduced in 1993.
34 Since the beginning of its implementation, the subject of Islamic Education in both systems adopted the Shafie school as the basis of learning and teaching Islamic education in Malaysian government schools whether in the secondary or the primary school levels until the present time.
Laws and Fatwas Historical records show that Islam became the basis for the Islamic government of Malacca in determining policies, including matters related to laws, educations, societies, and politics.
The Islamic government of Malacca was the first state in Malaya to dalam Sistem Pendidikan Islam di Malaysia,Ay International Journal of Education and Training (InjET), 1.
, .
, 1-7.
32 Mohd Roslan Mohd Nor and Wan Mohd Tarmizi Wan Othman.
AuSejarah dan Perkembangan Pendidikan Islam di Malaysia,Ay Jurnal At-Ta'dib, 6.
, .
, 59-78.
33 Sufean Hussin.
Pendidikan di Malaysia: Sejarah.
Sistem dan Falsafah (Selangor: Dewan Bahasa dan Pustaka, 1.
, 220-223.
34 Anuar Ahmad and Nur Atiqah Tang Abdullah.
AuSejarah dan Dasar Pendidikan Asas di Malaysia: Implementasi Kurikulum 3RAu, in Ong Puay Liu and Roovasini (Eds.
Education For Intercultural Understanding: 3R 1, (Selangor: Penerbit Universiti Kebangsaan Malaysia, 2.
, 56-76.
35 Idris Awang and Tengku Sarina Aini.
AuPembudayaan Mazhab Syafie.
Muhammad Safwan Harun, et.
The Influence of the Shafie School onA | 363 introduce an organised, structured, and complete written law.
This causes the Shafie School to significantly influence the administrative and legal system of the state of Malacca as the Sultan and governors of the state were Muslims and learned religious knowledge from scholars of the Shafie School, such as Sayyid Abdul Aziz, who was related to Sheikh Ismail al-Siddiq.
Currently, each state has its Mufti and Fatwa council, which has the authority to issue fatwas.
38 The Shafie School has thus become a culture of the Malay Muslim community in Malaysia.
The Shafie School is also significant in determining the law and shaping the daily practices of the Muslim community in this country in every aspect of life that is fiqh-related .
The position of the Shafie School has been strengthened and applied officially and widely through the procedure of issuing fatwas at the state and national levels as well as the enactment of the religious administration of states which use the Shafie School 40 Every matter that has been issued with a fatwa Wan Zulkifli.
Nazri Muslim.
Rozmel Abdul and Nani Rahayu.
AuPractice in Certain School and Fanatic Inclination, 586-595.
37 Wan Zulkifli.
Hasnan.
Zulkifli Mohamad.
Sabri.
Nazri Muslim and Azizi Umar.
AuThe Culturalization of The Sect of Shafi'i in Forming Harmony In The Malay Society in Malaysia,Ay Journal of Applied Sciences Research, 8.
, 2531-2542.
38 M.
Zainul Hasani Syarif.
AuKedudukan Fatwa di Negara Muslim:
Indonesia.
Berunai Darussalam.
Malaysia.
Mesir,Ay Journal of Islamic Studies, 16.
, 185-202.
39 Idris Awang and Tengku Sarina Aini.
AuPembudayaan Mazhab Syafie, 40 Syed Salim Syed Shamsuddin.
Muhammad Farid Wajdi Ab.
Rahim.
Abdul Karim Pardon and Mohd Faisal Mohamed.
Kitab Turath Fiqh Syafie Jawi Sebagai Medium Penyampaian Ilmu Fardu Ain di Malaysia: Analisis Metodologi Penulisan Kitab Hidayat Al-Sibyan Fi 364 | Mazahib Jurnal Pemikiran Hukum Islam.
Vol 23 No.
must be based on the final opinion of the Shafie school.
The opinions of other schools will only be considered when there is no opinion of the Shafie school in the matter being discussed or there is an existing opinion that is not in favour of the public interest.
Fatwa Methodology in Malaysia In Malaysia, every state plays an important role in the administration of Islamic affairs.
This means the states have jurisdiction in issuing a fatwa.
some fatwa are gazetted, and others are not.
43 This provision is based on the 9th Schedule of the Federal Constitution relating to the power of the state to manage the governance of Islamic religious affairs in accordance with the function of His Majesty the Sultan as the head of the religion of Islam except for the states of Penang.
Melaka.
Sabah.
Sarawak and the Federal Territories of which the head of religion is the Yang Di-Pertuan Agong.
Therefore, the fatwa issued by the State Fatwa Committee is considered to be the government's official view on said legal issues.
The Fatwa Committee has been officially established under the provisions of acts.
Ma'rifat Al-Islam Wa Al-Iman .
aper presented at the Seminar Antarabangsa Islam dan Sains (SAIS), 8 Oktober 2.
41 Mohd Hapiz Mahaiyadin and Sumayyah Abdul Aziz.
AuTaklid Mazhab Syafi'i di Malaysia: Satu Tinjauan dalam Konteks Maslahah Perpaduan Ummah,Ay Journal of Contemporary Islamic Studies, 6.
, 151-170.
42 Anisah Ab.
Ghani.
AuKedudukan Mazhab Syafi'i Dalam Ibadat di Malaysia,Ay Jurnal Fiqh, 4, .
, 185-196.
43 Nora`inan Bahari.
Pemakaian Elemen Maqasid Shariah Dalam Institusi Fatwa Di Malaysia .
aper presented at the E-Prosiding Persidangan Antarabangsa Sains Sosial dan Kemanusiaan, 24-25 November 2.
44 (Perkara 42.
Perlembagaan Persekutua.
Muhammad Safwan Harun, et.
The Influence of the Shafie School onA | 365 enactments, and ordinances of the State Administration of Islamic Law.
Even though religious matters are entirely placed under the state's authority, there is a body known as the National Fatwa Committee Muzakarah (MJFK), which acts as a coordinator at the central level to coordinate the issuance of fatwas on certain issues.
Therefore, there are two influential fatwa bodies in Malaysia, namely the National Fatwa Committee Muzakarah (MJFK) and the State Fatwa Committee (JFN) in addition to the Bank Negara Malaysia Shariah Advisory Council (Islamic Banking and Takafu.
and the Securities Commission Shariah Advisory Council (Islamic Capital Marke.
that are indirectly involved in the issuance of fatwas.
However, it must be emphasised that the field of fatwa in Malaysia is entirely under the jurisdiction of the In terms of membership.
MJFK consists of the Muftis of each state in Malaysia and is chaired by the Department of Islamic Development Malaysia (JAKIM).
Meanwhile, the State Fatwa Committee is chaired by the Mufti in each of the 14 states who have been appointed with authority by the Head of The Religion of Islam.
His Royal Highness Tuanku al-Sultan.
The mufti and fatwa institution is a religious institution with roles and responsibilities to resolve issues related to Shariah law and clarify any ambiguity Muzakarah Jawatankuasa Fatwa.
Garis Panduan Pengeluaran Fatwa di Malaysia (Putrajaya: JAKIM, 2.
, 4.
46 Nora`inan Bahari.
Pemakaian Elemen Maqasid Shariah Dalam Institusi Fatwa Di Malaysia .
aper presented at the E-Prosiding Persidangan Antarabangsa Sains Sosial dan Kemanusiaan, 24-25 November 2.
47 Muhammad Fathullah Al Haq Muhamad Asni and Jasni Sulong.
AuPenyelarasan Fatwa Antara Negeri-Negeri: Analisis Amalan dan Kaedah Penyeragamnnya di Malaysia,Ay Journal of Fatwa Management and Research, 9.
, .
, 86-109.
366 | Mazahib Jurnal Pemikiran Hukum Islam.
Vol 23 No.
and confusion on new matters .
hkam al-nawAzil alfiqhiyah al-muAsara.
This institution is given the authority and responsibility under the Federal Constitution and State laws to advise the Yang diPertuan Agong and the Sultan or King as the Head of the Religion of Islam for each of the States on matters related to the religion of Islam and Sharia law, particularly issues that have not been resolved or which have caused This is in line with the position of Islam, which was proclaimed the religion of the Federation during the formation of Malaysia.
The administration of fatwas in the Malaysian context is quite different from fatwas from the Sharia point of view.
As has been stated, matters related to religion are subject to the jurisdiction of the states.
The head of religion for the states is under the responsibility of the Sultan.
As for states that do not have a sultan, the head of religion is the Yang di-Pertuan Agong.
Due to this, differences in legal views occur between one state and another despite being in the same country.
Appointing a Mufti for each state also falls under this Section 44 .
Administration of the Religion of Islam (State of Selango.
Enactment 2003,49 as an example, has provided.
His Royal Highness the Sultan shall appoint any fit and proper person to be the Mufti and Deputy Mufti for the State of Selangor.
Ghazali Haji Abdul Rahman.
Proses Penyediaan Fatwa di Malaysia:
Peraturan dan Amalan, .
aper presented at the Muzakarah Pakar:
Garis Panduan dan Piawaian Pengeluaran Fatwa Peringkat Kebangsaan.
Universiti Sains Islam Malaysia, 24 Oktober 2.
49 Enakmen Pentadbiran Agama Islam (Selango.
, 2003.
Bahagian i (Pelantikan Mufti.
Kuasa Dalam Hal Ehwal Agama.
Jawatankuasa Fatwa Dan Fatwa Yang Berhubungan Dengan Kepentingan Nasiona.
Seksyen 44.
Muhammad Safwan Harun, et.
The Influence of the Shafie School onA | 367 From the aspect of issuing fatwas, the majority of state fatwa bodies in Malaysia perform ijtihad through two main sources, of which the first source comprises the al-Quran, al-Sunnah.
Ijmak.
Qiyas, and the second source, al-IstiusAn (A)EIA, al-MaAliu al- Mursalah (A)EIE EIAEA, al-'Urf (A)EAA, sadd al-dzara'i (A)E A, alIstiuAb (A)EAA, shar'u man qablanA (A)CEI II A, qawl al-auAb (A) EAO COEA, 'amal ahl al-madnah (A)EIOI NE IEA and other proofs.
This means that most Malaysian states divide their fatwas into two sources: agreed-upon propositions, which comprise all four primary arguments, and non-agreed propositions, which belong to other propositions.
In addition.
Malaysia has a specific methodology for the issuance of fatwas.
In this case, the majority of states usually issue laws or fatwas based on reliable opinion .
awl muktama.
, according to the Shafie School of Thought.
The selection of the Shafie School of Thought as the basis for issuing fatwas is stipulated in the Administration of The Islamic Law (State of Pahan.
Enactment 1991 (Section .
, the Administration of The religion of Islam (State of Pera.
Enactment 1992 (Section .
Administration of The religion of Islam (State of Selango.
Enactment 2003 (Section .
Administration of The religion of Islam (State of Melak.
Enactment 2002 (Section .
Administration of The religion of Islam (State of Negeri Sembila.
Enactment 2003 (Section .
and Majlis Islam Sarawak Ordinance 2001 (Section .
However, suppose the final qawl of the Shafie school is against the public interest, in that case any final qawl of the Hanafi.
Maliki, and Hanbali schools or any other school with a similar jurisprudence method can be referred to.
In fact, in certain circumstances, if it is found that the final qawl is seen 368 | Mazahib Jurnal Pemikiran Hukum Islam.
Vol 23 No.
to conflict with the public interest, then the Fatwa Committee can use its ijtihad (MJF, 2.
50 This condition shows the flexibility of fatwas in Malaysia in embracing the welfare of society.
In other words, the approach is to generate benefits from Islamic law through the decided fatwas.
In this regard, public interest surrounds the wellbeing and advantage of the community of which the Mufti or the Fatwa Committee certifiably guarantees its validity to achieve the maqAid al-shariah which includes the preservation of the five main imperatives .
lsaruriyyat al-kham.
which are to protect religion, life, offspring, intellect, and property.
51 It does not work the other way around, which is determined by the instincts and logic of the public.
Therefore, there are several important criteria in the transition of the final qawl to other criteria to preserve the public interest, namely:52 a Real conflicts, problems, or dominant presumptions .
halabat al-zan.
, and not merely imaginary.
a Conforms to the customs and practices of the local community and conforms to sharia.
a The conflict involves many parties .
l-um.
or most of the people .
l-ghalaba.
MaqAid al-Shariah in the Fatwa Framework of States in Malaysia The position of maqAid al-shariah on fatwa in Malaysia should be thoroughly explained due to two main factors: first, maqAid al-shariah is not a Muzakarah Jawatankuasa Fatwa.
Garis Panduan Pengeluaran Fatwa di Malaysia (Putrajaya: JAKIM, 2.
, 4.
51 Ibid, 22.
52 Ibid, 22.
Muhammad Safwan Harun, et.
The Influence of the Shafie School onA | 369 proposition or basis for any fatwa.
According to some scholars, maqAid al-shariah is an independent legal This means the approach taken by the states in Malaysia in not utilising maqAid al-shariah as a legal basis raises questions about its authority in the fatwas that have been decided.
Second, the main reference to the fatwa in the majority of states in Malaysia is the Shafie School of Thought.
The stronghold on the views of the Shafie School as a methodology by the majority of states in Malaysia raises questions since the contemporary approach in fatwa emphasises freedom in the choice of the School of Thought that appreciates favouring easier option .
l-tays.
, which is the general objective of shariah.
Diagram 1.
0: The relationship between maqasid al-shariah in the methodology of fatwa in Malaysia Based on Diagram 1.
0, maqAid al-shariah in the chapter of fatwa in Malaysia does not stand as a direct basis of the fatwa.
However, this does not imply that maqAid al-shariah is disregarded.
The fact is that it regulates any fatwa decision in warranting that the advantages be preserved by shariah.
This is proven in Yusuf al-Qaradawi.
Fatawa MuAoasirah, (Kaherah: Dar al-Shuruq, 2.
, 108.
Mohd Rumaizuddin Ghazali.
AuKepentingan Maqasid Syariah dalam Berfatwa di Malaysia,Ay Jurnal Pengurusan dan Penyelidikan Fatwa, 4.
, .
, 29.
370 | Mazahib Jurnal Pemikiran Hukum Islam.
Vol 23 No.
the study by Ahmad Syukran Baharuddin et al.
about the preservation of maqAid al-shariah in fatwas decided in Malaysia.
In fact, form .
fatwa is presented in some fatwas that clearly show the application of maqAid al-shariah, for example:
In expanding the definition of al-RiqAb We also believe that expanding the meaning of alriqAb by referring to all forms of hindrances and restraints is more waqi'iy and corresponds with maqAid al-shariah.
Lathi Challenge We would like to advise the public to stop sharing this video on social media accounts and to not engage in any actions that contain elements of worship and rituals like this to preserve our faith.
In terms of its form, maqAid al-shariah, which is carried out in fatwas in Malaysia, is within the framework of unjustified consultation .
This can be examined from two points: First, limiting maqAid alshariah to al-saruriyyat al-khams and second, maintaining the discourse structure of maqAid alshariah in usul fiqh practised by the previous scholars.
In this regard, the matter of preserving maqAid alshariah in fatwas in Malaysia has contained in sharia Wan Ahmad Naqiuddin.
AuIrsyad Al-Fatwa Siri Ke #392: Adakah Masih Wujud Asnaf Al-Riqab Pada Zaman Sekarang?Ay Pejabat Mufti Wilayah Persekutuan.
Retrieved on 12 June 2022 from https://muftiwp.
my/artikel/irsyad-fatwa/irsyad-fatwaumum/4089-irsyad-al-fatwa-siri-ke-392-adakah-masih-wujudasnaf-al-riqab-pada-zaman-sekarang 55 Wan Ahmad Naqiuddin.
AuIrsyad Al-Fatwa Series 521: The Ruling of 'Lathi Challenge'.
Ay Pejabat Mufti Wilayah Persekutuan.
Retrieved on 12 June 2022 from https://w.
my/en/artikel/irsyad-fatwa/irsyadfatwa-umum-cat/4543-irsyad-al-fatwa-series-521-the-ruling-oflathi-challenge Muhammad Safwan Harun, et.
The Influence of the Shafie School onA | 371 proofs as well as the authoritative view of the Schools of Thought as a result of inference of presumptive indicators of the law .
sinbAt adillah zanniyya.
in various issues.
MaqAid al-shariah is derived from the understanding of usul fiqh.
However, in the current context, usul fiqh is set apart from the discourse of maqAid al-shariah.
By scrutinizing the relationship between usul fiqh and maqAid al-shariah in the current context, three methods exist to explain the discourse relationship between these two fields.
First, maqAid alshariah constitutes part of the debate on usul fiqh.
Second, the construction of usul fiqh can be restored by mastering the debates of maqAid al-shariah and making it a constituent of the structure of usul fiqh.
Third, a new branch of knowledge that is specifically related to maqAid al-shariah but separate from the knowledge of usul fiqh is established.
56 Therefore, the issuance of fatwas in Malaysia is similar to the first and second This means that even if maqAid al-shariah is not used directly as an argument in the fatwa, its authority is guaranteed through the decision of the fatwa, which is decided based on justice in usul fiqh.
Preservation of Maqsad Wihdatul Ummah through Fatwa Methodology of the Shafie School of Thought The use of the Shafie School of Thought in the practice of fatwas in Malaysia can be regarded as a system to preserve the inherent nature of religion, which is unity and strengthening ties among Muslims in this The goal of unity of the ummah (Maqsad Wihadatul Umma.
can be observed through several proofs in the verses of the Al-Qur'an, for example:
NuAoman Jughaym.
AuAl-AoAlaqah bayn Maqasid al-ShariAoah wa Usul alFiqh,Ay Majalah Al-Islam fi Asia, 4.
, (Disember 2.
, 56.
372 | Mazahib Jurnal Pemikiran Hukum Islam.
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aa acEEA a aAO eA AA aIOe aae aE NA eAI UO aOEa a aANCaOA Translation: Hold firmly to the means of access to Allyh all together, and do not be .
l-Imran:.
o eaeOA e A aOa aE eI aOA a AaOEa aIa aaOe a eA aEaOe aOa e aNA Translation: and do not quarrel with each other, lest you should lose courage, and your .
l-Anfal:.
a NA A aIeI aN eI aOA a eOA a AOI Aa NCaOe OIa aN eI aOaEIaOe Oa U EN eA a Au NI EA Translation: As for those who divide their religion and break up into sects, thou hast no part in them in the least: their affair is with Allah: He will, in the end, tell them the truth of all that they did.
l-AnAoam:.
a AOA A aeOIa aE eIA a aE aOe A e a Translation: They ask thee concerning .
hings taken a.
spoils of war.
l-Anfal:.
A aOA eEa eI aA a AuaNacIa Oa a eAO EeNOa aI aI OaOC a aeO Ia aE aI Ee a a aOa aOEeaA AaOEe aIeO aA Translation: The devil only seeks to instil hatred and enmity between you with wine and gambling.
l-Maidah:.
Based on the verses mentioned above, the uniformity and togetherness of the ummah are important Muhammad Safwan Harun, et.
The Influence of the Shafie School onA | 373 objectives of syarak in the context of nationhood.
Maqsad Wihadatul Ummah can be better understood through the mission purpose of the Messengers and Prophets, which is to convey the truth to humankind in order to resolve disagreements between them.
a AaE aI EIN aNIU OA
AaIaEA
a A aU a aA
a acEEa EINaONA
A NA
a AOI aOA
a AOI aOaIIA
a AIO aIa N aA
a a a AIO EIA
Aa Ea aAOe AON aOaIA
e AOIA
a eaA a eEa aNC EOa e aE aI A a aI a aN aI eA
a AN AA
a a a A Ea a a a NA
A a eOU aOe Ia aN eIA
a ae
a aAOI aOaONa II a e aI aeaaI Eea ONaIA
a AA AON uEN EA
a aN aO NA
a aa
AacEEa Oa eN aOA
e AIIaOe E aIA
Aa Ea aAOe AON I aI eEa aNC a eIN aO NA
ANA
a AOIA a AacEEa EA AaII Oa aa uaaE a acI ea aCOIA Translation: Mankind was one community, and Allah sent Prophets with glad tidings and warnings, and with them.
He sent down the Scripture in truth to judge between people in matters wherein they differed.
And only those to whom .
he Scriptur.
was given differed concerning it after clear proofs had come unto them, through hatred, one to .
l-Baqarah: .
However, the question that emerges is about the genuine meaning of the term Ummah.
In this regard, the term ummah has a variety of connotations depending on the context of the dispute.
However, if it is studied from a religious perspective, the phrase explicitly refers to Muslims or the Muslim population inside a country.
The idea could be refined using various Quranic texts.
a AE a aEeIa aE eI aNIU aO aU Eaa aEOIaO a aN aa aEaO EIA
AN aOOa aEO aIA
a AaOaE aEA
AOA
a AEN aA U AOE aEaeO aE eI a aNA Mohamad Zaidi Abdul Rahman.
AuAplikasi Maqasid al-SyariAoah dalam Pentadbiran Negara: Satu Tinjauan Sejarah Islam,Ay Jurnal Fiqh, 12, .
, 29-56.
374 | Mazahib Jurnal Pemikiran Hukum Islam.
Vol 23 No.
Translation: And thus we have made you a just community that you will be witnesses over the people, and the Messenger will be a witness over you.
l-Baqarah: .
a AaEeI I eO aNI a aA a AN aeIO aI aEeIA AOA aOa eI aN eO aI a aIA e a e a a ea ae a a a a A EE IA AEe aIeI aE aA Translation: You are the best nation produced .
s an exampl.
for humankind.
You enjoin what is right, forbid what is wrong, and believe in Allah.
l-AoImran: .
a A aA
AOIA
a e aAua NI aaNN aNIa aE eI aNIU aO aU aO aI aac aE eI AA Translation: Truly! This, your Ummah [Sharia or religion (Islamic Monotheis.
] is one religion, and I am your Lord, therefore worship Me (Alon.
l-AnbiyaAo: .
Based on the verses, the term AuummahAy obviously refers to Muslims as a group that has a certain role in their beliefs.
Thus, maqad wihdatul ummah is a common sharia objective that Muslims must uphold to bring religious glory to a society other than Islam.
According to Ibn 'Atiyyah, a maqAid al-shariah is specific to ummah.
The maqad involves the formation of an ummah union.
In this regard.
Sharia does not construct an individual narrative.
This means that the emphasis of Sharia is on the formation of the ummah.
is possible to achieve this by uniting faith.
Sharia, and language while remaining mindful of the diversity and Muhammad Ahmad al-Qiyati Muhammad.
AuMaqsad Wihdah alUmmah fi al-ShariAoah al-Islamiyyah,Ay Journal Alasmarya University 18, (June 2.
, 156-157.
Muhammad Safwan Harun, et.
The Influence of the Shafie School onA | 375 plurality of other communities.
59 Thus, in the context of Malaysia, the term ummah can be specifically referred to the Muslim community.
In achieving the maqad, the School of Thought can be considered as a wasilah that is necessary .
Aji.
Nevertheless, it should be clear that the dependence on the Shafie School of Thought usually occurs in problems that scholars have discussed, especially in matters of This means for issues that have not occurred yet and those without a legal answer, ijtihad will be performed by referring to authoritative arguments while simultaneously considering the aspects of malahah and 60 This usually occurs in rapidly growing fields such as Islamic banking and science.
61 Thus, even though the issuance of the fatwa based on the Shafie School of Thought seems not to apply the principle of favouring easier option .
l-tays.
, which is one of the main components of maqAid al-shariah, the reality behind this approach is that it can preserve a more important aspect of maqAid al-shariah that concerns the uniformity and togetherness of Muslims in this In other words, the purpose of standardizing fatwa affairs through the reference of the Shafie School of Thought is religious management at the national level to avoid confusion or disputes among the Muslim Jamal al-Din AoAtiyyah.
Nahwa TafAoil Maqasid al-ShariAoah (Dimaqh:
Dar al-Fikr: 2.
, 155.
60 Abdul Halim Ibrahim and Muhammad Safwan Harun.
AuApplying the Concepts of Beneft and Harm in Malaysian Bioethical Discourse:
Analysis of Malaysian Fatwa,Ay Journal Bioethical Inquiry, .
61 Alias Azhar.
Muhammad Azam Hussain.
Mohd Zakhiri Md.
Nor And Mohamad Khairi Othman.
AuPenyelidikan Fatwa Dalam Kerangka Maqasid Al-Syariah: Satu Tinjauan,Ay Ulum Islamiyyah, 20, (April 2.
, 61.
376 | Mazahib Jurnal Pemikiran Hukum Islam.
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This is in line with KhulafA' al-RAshidin's practise of ruling a country towards the strengthening of Muslims.
For example, during the reign of Saidina Umar RA, he directed that the tarawikh prayer be conducted in assembly to emphasise the unity of devotion.
achieve the same goal of ummah unity.
Saidina Uthman RA invented political ijtihad to unite the way of reading the Quran into a convention known as Resam Uthmani.
62 The two examples are part of the government's efforts to promote unity among Muslims during the KhulafA' alRAshidin era, which is an essential maqad in the administration of a country.
Therefore, the attempt to create unity of the ummah needs to be implemented with various approaches that suit the reality of a particular time and place by leaders .
lil amr.
As explained earlier, the influence of Schools of Thought in Fatwa in Malaysia has been established for a long time.
The influence of the Shafie School gained a dominant position among the Muslim community in Malaysia without any conflict or opposition between the 13th century and the 19th century.
However, after the introduction of the Salafiyyah movement in this country beginning in the 19th century through the discourse of al-Imam magazine, which later became the official communique of the reformist movement and served as the main mode for disseminating any criticism of the traditionalist movement,63 it led to the seeds of conflict among the Muslim community in Malaysia.
64 Malaysia Mohamad Zaidi.
AuAplikasi Maqasid al-SyariAoah dalam Pentadbiran Negara, 29-56.
63 Inarah and Saadan.
AuKeterbukaan Bermazhab, 289-308.
64 Saadan Man and Abdul Karim Ali.
AuIkhtilaf Fiqhi di Kalangan Aliran Syafi'iyyah dan Salafiyyah di Malaysia: Analisis Retrospektif Terhadap Faktor Pencetus,Au Jurnal Fiqh, 2, .
, 73-96.
Razali Musa.
AuPerselisihan Antara Gerakan Al-Asya'irah dan Salafiyyah:
Muhammad Safwan Harun, et.
The Influence of the Shafie School onA | 377 began to be influenced by the tajdd movement of Salafiyyah with the emergence of islAh figures who opposed the practice of superstition and innovation that had no roots in the religion.
65 Generally, the group that takes the Salafi approach or reformism in Malaya is known as Kaum Muda, which emphasised the concept of islAh and tajdd.
66 Among the principles held by this group was that they did not want to be tied to a specific School of Thought but instead to freely choose views from the existing Schools using certain methodologies.
The group that adheres to the al-Asya'irah approach is known as the Old People (Kaum Tu.
they embrace traditionalism and the Shafi'iyyah School of Thought.
Beyond that, the fact that needs to be acknowledged is the influence of the Shafie School in Malaysia has grown through formal and informal education in Islamic traditional study centres, schools, and tahfiz centres, as stated earlier.
Although not comprehensive, it is dominant and coupled with the support of political factors, power, and local scholarly Analisis Pendekatan Ulama Ahl Sunnah Wa Al-Jamaah,Au Jurnal Peradaban Islam, 1.
, (Ogos 2.
, 82-110.
65 Nor Hafizi Yusof.
Ahmad Fauzi Hassan.
Mohd AAoTarahim Mohd Razali.
Abdillah Hisham Abd Wahab.
Tasnim Abd Rahman and Fatimah Zaharah Ismail.
The Spread of Salafi Wahabi Influence: A Study in Terengganu.
Malaysia .
aper presented at the International Conference on Empowering Islamic Civilization in the 21st Century.
Terengganu, 6-7 September 2.
66 Zulkarnain Haron and Nordin Hussin.
AuIslam di Malaysia: Penilaian semula fahaman salafi jihadi dan intepretasi jihad oleh Al Jama'ah Al Islamiyah,Ay Malaysian Journal of Society and Space, 9.
, .
, 67 Ibrahim Adham Mohd Rokhibi.
Mohd Farhan Md Ariffin and Syed Mohd Jeffri Syed Jaafar.
AuCabaran Pseudo-Salafi Terhadap Amalan Masyarakat Islam,Ay Jurnal Al-Ummah, 2, .
, 31-48.
68 Inarah and Saadan.
AuKeterbukaan Bermazhab, 289-308.
378 | Mazahib Jurnal Pemikiran Hukum Islam.
Vol 23 No.
69 This means that the influence of the Shafie School is not a matter of the past, as it still maintains its influence in the current context.
Due to this.
Malaysia interfering with opposing views of this School of Thought on conflicting issues is inappropriate.
For example, the attempt to debut the I Want to Touch A Dog programme in 2014 was contradictory to the norms, culture, and beliefs of the Schools of Thought, which has a strong hold among Muslims in this country.
Although the sectarian approach is considered rigid from one aspect, the objective of unity in strengthening the ties of Islam among the majority can be achieved through this approach.
This shows that using maqAid al-shariah through the fatwa methodology in Malaysia considers the comprehensive aspect of malahah 'ummah.
Despite the absoluteness of the fatwa in the states, the National Fatwa Committee still has to convene to reach a consensus for a consistent legal view on particular issues.
In addition, the guidelines stipulate that reference to other Schools is a more appropriate approach for certain issues.
This provision shows the flexibility and openness of the fatwa issuance methodology in Malaysia to ensure no hardship .
in the fatwa decided.
Among the examples of fatwas that were ultimately decided not based on the Shafie School is rukhsah in ablution, which is not invalidated when physical contact Mohd Hapiz Mahaiyadin.
AuWacana Keiltizaman Dengan Mazhab SyafiAoI Dalam Konteks Maqasid Syariah Di Malaysia,Au .
aper proceedings in Seminar Asas Maqasid al-ShariAoah.
UNISZA, 2.
, 70 Zulkifli Mohamad al-Bakri.
Program I Want to Touch A Dog.
Bayan Linnas Siri 2.
Pejabat Mufti Wilayah Persekutuan.
Retrieved on 10 June https://muftiwp.
my/artikel/bayanlinnas/1873-bayan-linnas-siri-1-10 Muhammad Safwan Harun, et.
The Influence of the Shafie School onA | 379 with a non-mahram occurs during the Hajj season, payment of zakat through cash payments and several other fatwas.
If such fatwas are reviewed, it can ensure that Islamic laws can be implemented within the capabilities of mukallaf.
In other words, views other than the Shafie School in the relevant cases allow the implementation of Islamic law without mashaqqah and haraj, which is preserved in the general maqAid alshariah.
In another opinion, the favouring easier option .
approach in the fatwa that is inclined towards the openness of the schools of thought needs to be studied more deeply through the evaluation of local reality .
Aqi').
In a broader context involving Muslim-minority countries, for example, adherence to a particular School of Thought may result in a heavy legal obligation.
Therefore, the sect's openness to explore more straightforward views is necessitated.
This point was emphasised by Muuammad al-GhazAl, who insisted that scholars must explain the simplest law in European countries without being tied to any particular School of Thought.
71 The same assertion can be seen in al-Buti's view, where the maintenance of al-kulliyAt al-'Ammah must be used as a basis for implementing shariah by following the order of priority of al-masAlih al-sarriyyat, al-hAjiyyat, and al-tahsniyyAt in the context of the Muslim minority.
The spread of Islamic shariah in the West must not lean towards any inclination for certain Schools of Thought, races, and thinking.
For the mission's success, al-Buti suggested that preachers guide the community to unite on the path of shariah by Muhammad al-Ghazali, al-Sunnah al-Nabawiyyah Bayn Ahl al-Fiqh wa Ahl al-Hadith .
th ed.
), (Kaherah: Dar al-Shuruq, 1.
, 59-60.
380 | Mazahib Jurnal Pemikiran Hukum Islam.
Vol 23 No.
emphasising the need to preserve al-kulliyAt al-khamsah.
This pattern will negate any sectarian school influence to create the unity of Muslims in practising the true Shariah in the West.
This is in contrast to the context of a Muslimmajority country such as Malaysia, which already influences a certain school.
In this case, the preservation of maqAid al-shariah in Islamic law leads to the unity of Muslims.
This is also an important argument in the debate on maqAid al-shariah from the perspective of Ibn AoAshur.
73 Hence, the manhaj al-taysr approach, which considers the simpler views between schools, is very suitable for practise in Muslim-minority countries.
the other hand, in the context of the Muslim-majority community, there is a reinforcement of certain schools of thought, upholding existing beliefs that contain the value of favouring easier option .
l-tays.
to facilitate the practice and community acceptance of religion, thus guaranteeing the unity of the ummah.
This formulation Muhammad SaAoid Ramadan al-Buti, al-Islam wa al-Gharb (Dimashq: Dar al-Fikr, 2.
, 117-120.
In fact, he considered that ijtihad fiqh which is formed from the mujtahid of the Shia .
chool of la.
is also accepted to be practiced provided that the ijtihad reaches through a good sanad and sahih hadiths.
Please refer.
Muhammad SaAoid Ramadan al-Buti.
MaAoa al-Nas: Mashurat wa alFatawa (Dimashq: Dar al-Fikr, 2.
, 221-222.
73 The work of Ibn 'Ashur was produced to close the gap between the khilaf of Islamic law through the dimension of maqasid al-syariah.
This is because, the rulings of fiqh issued through the methods of usul fiqh are exposed to the growing khilafah.
According to Ibn 'Ashur, this is because the formation of usul fiqh itself is built from the discussion of the rulings of fiqh which have been lost between the imams.
As a result, unity of mind remains unattainable through usul fiqh.
Furthermore, istinbat through usul fiqh is said not to look at the dimensions of maslahah and maqasid as it is limited to the role of syarak language and pronouncements such as general, special, absolute, zahir, fact, majaz, takwil, takhsis, tarjih and so on which involves language.
Please refer.
Ibn AoAshur.
Maqasid alShariAoah, 3-4.
Muhammad Safwan Harun, et.
The Influence of the Shafie School onA | 381 is also based on the fiqh method of doing good deeds despite khilAf or disagreements, including:
AEN E OIC ENA
Translation: An ijtihad is not invalidated by another ijtihad.
AE uIE OA IE ENA Translation: Not to disobey in the matter of Based on the jurisprudence method mentioned, the various jurisprudence views result from the jurists' ijtihad against the probable arguments or dilAlah .
74 Due to that, the position between the existing jurisprudential views is equivalent, which is zanniyat as a result of the jurisprudential ijtihad.
This fact needs to be explained to dispel certain views that say the simpler opinion is closer to maqAid al-shariah.
However, that is not the reality.
Every view is equal, that is, zanniyat, and needs to be adapted to the local situation or waqi' to preserve the more significant benefits.
Conclusion In the context of fatwas in Malaysia, maqAid alshariah has a significant role in explaining the justification of the decided fatwas.
In this case, even though maqAid al-shariah does not act as a source of fatwa, it plays an indirect role in ensuring the fairness of the law through adillah syariah, which is authoritative.
In addition, the usual practice in deciding fatwas in Malaysia is to preserve the common good, enveloping community unity and unification in religious practices.
Although from one aspect, it seems that the methodology Abd al-Ilah bin Husayn al-AoArfaj, al-Manahij al-Fiqhiyyah alMuAoasarah: AoArd wa al-Tahlil, (Kuwait: Afaq, 2.
, 266.
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of fatwas in Malaysia does not uphold the principle of favouring the easier option .
l-tays.
when compared to aqwAl al-madzahib, there is a greater achievement of maqsad involving the unification and unity of Muslims to uphold the sovereignty of religion in the context of the Muslim majority.
Muhammad Safwan Harun, et.
The Influence of the Shafie School onA | 383
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