Pengurusan muzakarah Jawatankuasa Fatwa Majlis Kebangsaan dan Jawatankuasa Fatwa Negeri: Satu analisis persamaan dan perbezaan fatwa tahun 2000–2009

• Main Authors: Mamat, Zulfaqar, Mohamad, Mohd Nasran, Hashim, Hydzulkifli
• Format: Article
• Language: English
• Published: Universiti Utara Malaysia 2013
• Subjects: BP Islam. Bahaism. Theosophy, etc
• Online Access: http://repo.uum.edu.my/12460/1/7%281%29.pdf; http://repo.uum.edu.my/12460/; http://www.ijms.uum.edu.my/

Purpose – The aim of this study is to discuss in detail the similarities and differences that exist as well as to identify the factors that lead to the fatwa issued by the Muzakarah Jawatankuasa Fatwa Majlis Kebangsaan Bagi Hal Ehwal Ugama Islam Malaysia (MJFK) and the Jawatankuasa Fatwa Negeri-Negeri from 2000 till 2009.Design/Methdology – This study is a qualitative research design, which involves the use of the following methods: 1. The data collection methods – The sources of the data were the various news sources such as the Malaysia Annual Government Gazette, the minutes of the state fatwa meeting, the MJFK fatwa collection of books, the fatwa books that were issued by the state Mufti departments, the official website of the Mufti departments as well as the e-fatwa sites that were provided by JAKIM.2.The data analysis methods – The data was analysed manually.It involved the process of data classification, comparative data analysis such as the similarities and differences between these two institutions. Findings – This study found some similarities and differences between these two institutions in issuing the fatwa.A factor that was identified as common between these two committees is the issuance of fatwa that was related to the Islamic faith (al-Iman). On the other hand, the issues that were related to the sharia law and the moral values (al-akhlak) had few differences regarding the needs in their states.However, some differences in fatwa were discovered in terms of the Islamic law between the MJFK and the state fatwa committees.Among the reasons were identified was the difference in determining the concept of priority (aulawiyyat).In addition ,there were also some differences in understanding the local realities and in terms of elobrating the general arguments.These differences also led to the occurrence of inconsistencies between the MJFK fatwa and the state fatwa committees as well.Originality/Value – This study revealed that the similarities and the differences in the fatwas are common because the ability to understand and interpret the fatwa is determined based on the concept of priority (aulawiyyat), but the most important things in issuing the fatwa are based on the method of ijtihad among fuqaha.