Standardisation of fatwa in Malaysia: management and problems
In a country where jurisdiction over Islam is placed under state administration, standardization is an aspect that continues to be a formidable challenge. In matters of law, difference in provisions creates complications in its implementation. Similarly, with regards to fatwas difference in fatwas...
| Main Authors: | , , , |
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| Format: | Article |
| Language: | English |
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American-Eurasian Network for Scientific Information (AENSI)
2012
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| Online Access: | http://irep.iium.edu.my/40974/ http://irep.iium.edu.my/40974/ http://irep.iium.edu.my/40974/1/Article_Standardization...2012.pdf |
| Summary: | In a country where jurisdiction over Islam is placed under state administration, standardization is an aspect
that continues to be a formidable challenge. In matters of law, difference in provisions creates complications in
its implementation. Similarly, with regards to fatwas difference in fatwas between states on a particular legal
problem can create confusion to the public. Although the nature of fatwas in itself allows for differences in
opinions and decisions on a legal problem, such difference within a small country like Malaysia can lead to
adverse consequences. Hence, this article aims to deliberate upon existing methods for the standardisation of
fatwas, looking into the effectiveness of its implementation. For this purpose, several examples of differing
fatwas which have been gazetted shall be highlighted. Standardisation methods which will be analysed include
the method of administrative action, and the method provided for under the latest version of the State
Administration of Islamic Law Enactment. This is in relation to fatwas on issues of national interest.
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