Year: 2024
Type: article
Abstract: This article explores the concept, categorization, and significance of sighah fatwa in Malaysia, emphasizing its critical role in the development of Islamic law, public welfare and legal processes.Fatwas, derived from the Arabic term for legal opinion or guidance, are issued by muftis or Fatwa Committees to address religious and societal issues.In Malaysia, fatwas are categorized into gazetted fatwas, non-gazetted fatwas, and personal opinions of muftis.Only gazetted fatwas carry legal enforceability, while others serve as advisory references.The article outlines the types of sighah fatwa, including verbal, written, actions, gestures, and acknowledgment, with written fatwas highlighted for their precision, reliability, and lasting utility.The conditions for sighah fatwa-precision, conciseness, clarity, and adherence to Islamic jurisprudence-ensure their effectiveness and relevance.Additionally, the guidelines for drafting sighah fatwa emphasize consistency, including key components such as the title, introduction, legal background, evidence, and ruling.The significance of sighah fatwa is examined in two dimensions: daily life and legislation.In daily life, fatwas provide clarity and practical guidance for contemporary and complex issues, while in legislation, they support the enforceability of Islamic rulings.By categorizing fatwas for legal rulings, advisory purposes, and enforcement actions, sighah fatwa strengthens legal processes, ensuring clarity and minimizing legal ambiguities.The article concludes that a structured approach to sighah fatwa enhances the consistency, quality, and applicability of fatwas across Malaysia.
Institution: Sultan Zainal Abidin University
Language: English
Subfield: Education
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
Funder: Universiti Sultan Zainal Abidin
OpenAlex ID: W4405821978