The role of fatwa as a legal instrument

1. The role of fatwa as a legal
instrument
Done by:
Adiib () Abdul Fatin (21MO1025) Luqman (21MO1014) Fadhil (21MO1011
Hazim(21MO41) Nazrin(21MO1042)

2. TABLE OF CONTENTS
● INTRODUCTION
● SUPPORTING EVIDENCES
● ROLES
● IMPLEMENTATION IN BRUNEI & MALAYSIA
● EFFECTS
● CONCLUSION
● REFERENCE

3. Introduction
Fatwa in terms of language originates from the word ifta 'ifta'an which means explanation or answer
by someone who is faqih
Fatwa can also be changeable with the change of times. Why? This may be reasonable when the
original fatwa was based on custom (‘urf) or the public interest (maslahah) at the time of its
issuance. (Kamali, M.H., 2016:307)

4. Supporting evidence
•In the early days of Islam, fatwa for the foremost portion implied to
an instruction grounded on somenone’s address.
In an historical sense, the companions of the Prophet Muhammad
(Pbuh) often inquired him about issues in Islam; his answers were
hence considered to be fatwas.
•Derivatives of the word ‘fatwa’ are found in a few verses of the
Qur’an, such as: “They inquire your instruction concerning women,
say: Allah instructs you about them” (4:127)
•This verse clearly shows that the practice of giving fatwa (ifta) was
very common in the time of the Prophet.
Scriptual authority for fatwa

5. Fatwa’s issuance
● The fatwa should be:
i) concise,
ii) problem-solving, and
iii) avoid unnecessary redundancy.
unless additional details are deemed necessary due to the gravity
of the matter or to avoid any misunderstanding.
Etiquette of issuing fatwa under Islamic ruling

6. Fatwa’s issuance
● The mufti should not be too eager to issue fatwas.
Imam Malik reportedly answered questions posed to him on some
fifty different occasions. Whenever he was not sure of the
answer, he would say "La adri - I do not know."
Imam Ahmad ibn Hanbal and other famous scholars have also
recorded similar reactions. (Kamali, H.M., 2016:307)
Etiquette of issuing fatwa under Islamic ruling

7. Role

8. Laws of Brunei (Chapter 77)
Religious Council and Kadis Court (1984 ed.)
Extracted from:
http://www.agc.gov.bn/AGC%20Images/LAWS/
Peng_PDF/Penggal077.pdf

9. Implementation in Brunei & Malaysia
Case study : Jallalah Animal from Islamic Perspective

10. Malaysian National Fatwa Council Committee - Haram or unlawful
One of the activities is to provide freshwater fish farmed with non -halal food
ingredients (animal organs that are not slaughtered according to Islamic law,
surplus from pig slaughterhouses, carcasses such as chickens or pigs and
non -Muslim restaurant waste)
https://fiqh.um.edu.my/index.php/fiqh/article/view/4287/2136
Agree that fish kept in ponds, lakes,
given food derived from pork and its
other members are illegal to eat and
fish farmers are prohibited from
feeding farmed fish with food derived
from pork meats and its parts
The Meeting of the Scholars'
Council of Islamic Religion and
Malay Custom, Kelantan which
met on December 21, 2006

11. The State Mufti
of Brunei
Darussalam
regarding
Jallalah fish is
divided into
three
explanations

12. Effect of Fatwa
White rabbit, stops some local businesses for “cleaning”
Golden Churn, close down a business in sarawak
Cadbury?
In general:
1. Change of Hukm
2. community have to obey the rule
3. The loss of business industry

13. Conclusion

14. Reference
Luthfi Assyaukanie.(2009). Fatwa and Violence in Indonesia. Journal of Religion and Society 7(3).
http://moses.Creighton.edu/jrs/2009/2009-3.pdf. (accessed on 18 August 2021)
.
Kamali, M.H. (2016). “Moderation of Fatwa and Ijtihad: Juristic and Historical Perspectives.” ICR Journal,
7(3):303-24. https://doi.org/10.52282/icr.v7i3.246. (accessed on 15 August 2021)

15. Thank you.