This writing is focusing on some Islamic jurisprudential or Islamic legal maxims (al-Qawa’id al-Fiqhiyyah) pertaining to the issue of imitation (al-Tasyabbuh) among Muslims and non-Muslims in Malaysia. Issues that have been discussed were related to festival ceremony among diverse society in Malaysia. Lately, there are lots of problems have been raised up involving Muslims who imitate non-Muslims practices especially that relate to festival ceremonies. For example, participate in some celebration in temples or churches, wearing other religions kinds of clothes and wearing their special symbol. To investigate this issue, the Islamic legal maxims used by referring to the noble Quran and as-Sunnah. The result from this research shows that these legal maxims can be used in classifying any kind of imitation practices of Muslims to non-Muslims in Malaysia whether it is permissible or prohibited to be practiced by Muslims

1. THE USAGE OF QAWAID FIQHIYYAH IN AL-
TASYABBUH (IMMITATION) ISSUE WITH
NON-MUSLIM BASED ON FESTIVAL
CEREMONY IN MALAYSIA.
Nursaidatul Aqilah Che Alias (1132553)
Bachelor of Fiqh and Fatwa with Honour
Faculty of Sharia and Law
USIM
Supervisor: En. Hasnizam Hashim

2. INTRODUCTION
Lots of problems which involve Muslims who imitate non-
Muslims practices especially in festival ceremonies in Malaysia.
Example: Muslims participate in some celebration in temples or
churches, wearing other religions kinds of clothes and wearing
their special symbol.
To investigate this issue, the Islamic legal maxims are used to
classify whether that practices are allowed or prohibited in
Islam.

3. INTRODUCTION
• Meaning of Qawaid Fiqhiyyah
Principles of fiqh (Islamic law) which can be applied in different
fields of fiqh that come under the common rulings.
• Meaning of al-Tasyabbuh
A word which shows human effort in copying themselves to
something, so that they can be the same as something that
they imitate whether in actions, dressing or any of their
characteristics. So, al-Tasyabbuh is a word about action that
we want to do or act. (Imam al-Ghazali)

4. Basis of al-Tasyabbuh Prohibition
• Al-Quran al-Karim
1. Al-Ma’idah 5 : 48 - Meaning: and do not follow their inclinations away
from what has come to you of the truth.
2. Al-Jathiya 45 : 18 - Meaning: Then We put you, [O Muhammad], on an
ordained way concerning the matter [of religion]; so follow it and do not
follow the inclinations of those who do not know.
• Hadith
The Prophet PBUH said in order the Muslims to be different with Majusi:
Meaning: Cut the mustache and leave the beard. Be different from Majusi.

5. Allowed and Prohibited Tasyabbuh
 Non-Muslims Country
 Dhorurah (Necessity)
 Every practice that belong to
kufr (disbelievers) teaching and
have been taken from non-
Muslims and also practices
which do not even exist in
Islamic teaching.

6. Scholar’s Perspective

7. The Usage of Qawaid Fiqhiyyah in Defining Hukm
(Jurisprudence) of Al-Tasyabbuh (Immitation) Issue
Based on Festival Ceremony in Malaysia
 A matter that depends on the objective / purpose it was made.
(‫اااااااا‬ ‫اااااا‬ ).
Meaning: an action cannot be considered as al-Tasyabbuh if it happens without
niyyah (intention) to imitate
Reported by Sayyidina 'Umar al-Khattab R.A. that the Prophet SAW said: “Every
action depends on its intention”.
Example: there is not a problem for a Muslims to go to non-Muslims’ open house
with intention to foster closer the relationship with non-Muslims not to glorify
their festivals.

8. The Usage of Qawaid Fiqhiyyah in Defining Hukm
(Jurisprudence) of Al-Tasyabbuh (Immitation) Issue
Based on Festival Ceremony in Malaysia
 All matters should remain as they originally were. (‫ااا‬ ‫اا‬ ‫اااا‬ ‫ااااا‬
‫ااااا‬ ‫ااا‬ ).
Meaning: An action cannot be considered as al-tasyabbuh unless if that matter are
already specific to them in term of religious or custom practice.
Prophet PBUH forbids Muslim from wearing clothes that are soaked in safflower
('asfar). 'Abd Allah ibn' Amr al-'Ass said: "The Prophet saw me when I am
wearing two garments soaked with safflower (mu`asfar), then he said: 'This is
indeed clothes of unbelievers, do not wear it."
Example: In Malaysia, this method can be applied through New Year and open
house celebration. It is because these practices are not specific to particular
religion or custom only but it also organized at national level.

9. The Usage of Qawaid Fiqhiyyah in Defining Hukm
(Jurisprudence) of Al-Tasyabbuh (Immitation) Issue
Based on Festival Ceremony in Malaysia
 Every Reason Which Led To Disadvantages Is Prohibited If There Is No Proper
Benefits (‫ااااا‬ ‫ااا‬ ‫ااا‬ ‫اا‬ ‫ااا‬ ‫ااا‬ ‫ااا‬ ‫اااااا‬ ‫ااا‬ ‫اااا‬ ‫ااا‬ ‫اا‬
‫ااااا‬ ).
Every cause that leads to disadvantages is prohibited if there is no more major
benefit (maslahah al-rajihah).
Ibn Taymiyyah state: if a Muslim lives in a country that is in a state of fighting Islam
(Dar al-Harb), or kuffar country that is not in war with Islam, they are not
commanded to differ with that non-Muslims society in terms of the outer
appearance, because such matters are harmful.
Example: this method can be applied in issue of participation of nation's leaders on
non-Muslims festivals celebration. This specific exemption is based on
maslahah al-rajihah because by his presence may contribute to racial harmony
and national unity.

10. The Usage of Qawaid Fiqhiyyah in Defining Hukm
(Jurisprudence) of Al-Tasyabbuh (Immitation) Issue
Based on Festival Ceremony in Malaysia
 Government actions against citizens based on maslahah
(‫ةةةةةةةة‬ ‫ةةةة‬ ‫ةةةةةة‬ ‫ةةة‬ ‫ةةةةةة‬ ‫ةةةة‬ ).
Applied towards practices that are contradict with Islamic religion.
Al-Dhahabi is strict about practices that resemble non-Muslims especially in issue
of festival celebration and it need to be handled by government. He stated: “I
swear to Allah, public (wali al-sukut) will not been given an authority to
prevent this but it been compulsory for muhtasib (leader) in a country to
prevent some issues with suitable methods.
Example: In Malaysia, this method can be applied to Muslims who wear non-
Muslim religious symbols such as the cross sign, symbol of Satan (heresy,
hexagon and so on) and devil worshipers clothing (black metal). In this case,
the government can impose suitable punishments or penalties that
commensurate with this action because it may involve Muslims faith.

11. CONCLUSION AND SUGGESTION
• Al-Tasyabbuh phenomenon has spread increasingly among Muslims in
Malaysia.
• It happens because of interaction with foreign cultures as well as the
advance interaction process with the local culture.
• Islam as a syumul (comprehensive) religion has a strong basic to handle
this kind of scenario.
• Qawaid fiqhiyyah (Islamic legal maxims) that have been developed by
former scholars already include all aspects of al-Tasyabbuh action
especially in the scope of imitator intention, action of imitators, and the
exception and also the aspect of punishment to imitators.
• Muslims in Malaysia need to take precaution in every actions by making
al-Quran , Hadith and Qawaid fiqhiyyah as reference in their everyday
practices.

12. ThankThank
youyou
www.usim.edu.my