Methods on How Fatwa

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Methods on How Fatwa was proposed and gazetted. Generally fatwa means answers of muslim scholars based on their knowledge on the primary source of Islamic law on a particular issue that is raised. Mainly it is to resolve an issue when there is a doubt on Islamic religious practice that is permissible(halal) or forbidden (haram)[1]. Therefore, there are some methods in publishing and binding of the fatwa in Malaysia.

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The gazetted fatwa are to be obeyed and abide by all the Muslims in that state and also the Syariah Court for that state.[2] The first step to be taken, before making a fatwa is to form a Fatwa Committee that is in charge for the making of a fatwa. The fatwa committee stands by Mufti as the Chairman, Deputy Mufti as the State Legal Advisor, two members of the Majlis Agama Islam, an officer from the Jabatan Agama Islam of each state, two to seven people that is fit and are well appointed by the Majlis Agama Islam and lastly an officer from the Mufti Department who perform his task as the secretary of committee. The second step, secretarial duties is the responsibility to handle the call or to invite every member of the council for bermuzakarah. Each of them will be called if there is a new issue that has arisen and will then return to their respective states to take decisions as a result of discussions at national level. The Secretariat is also listed in this organization and it is the responsibility of the Secretariat and International Affairs Division, JAKIM[3]. Before the committee decides on a fatwa the Mufti would be carrying out a research and a paper works to determine the purpose, the bindingness of the fatwa towards Muslims and to make sure that it is not overruling the primary source of Islamic Law that is Al-Quran and Sunnah. In National level, the procedures of making a fatwa is different compare to state level. It involves a fatwa for a nation and the states that are to be placed under the jurisdiction of the national fatwa. In addition, there has been a Kebangssan Fatwa Council to monitor and coordinate the Fatwa Committee states, especially in a big problem or issue involving the question of the country or the faith of Muslims themselves. Among the issues that have been settled or decided is whether lawful or unlawful Amanah Saham Malaysia, holding al-Arqam, the anti hadith and other. The third step, is the consideration of Fatwa Committee on the Fatwa that has been decided. Here each member will use their expertise in finding the answer to the case or issue arising under the laws of productive resources such as the Qur’an, the Sunnah,

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