Maslahah base fatwa on issues relating to wealth in Malaysian contexts

Ibrahim, Badruddin and Mohd, Azizah (2017) Maslahah base fatwa on issues relating to wealth in Malaysian contexts. Journal of Islamic Law Review, 13 (1). pp. 69-84. ISSN 0973-2918

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Abstract

Fatwa, in general, refers to a legal opinion on the legal ruling, which is issued by any Muslim jurist (mufti) relating to any particular issue that asked by the public. In principle, fatwa serves as a means of clarifying any issue that arises in Muslim society. The Muslim jurist has to rely on sources of Islamic law from the Qur’an, Sunnah, Ijma’, qiyas and other sources in his fatwa. One of the sources of Islamic law that becomes a basis of the fatwa is maslahah (public interest). Maslahah under Islamic Jurisprudence can be simply defined as ‘securing of benefit and interest to the human being and removing harm that might incur on them’. National Fatwa Committee on behalf of the state often issues the legal opinion (fatwa) in order to cope with the problem that arisen in the Muslim community. Issues normally involve personal affairs of the Muslim community, which include ruling relating to family matters, property law, succession law, wealth management, etc. This paper seeks to examine maslahah-based fatwa on issues relating wealth in the Malaysian context. For that purpose, a number of fatwa issued in Malaysia will be examined and analyzed as to whether such a fatwa is based on maslahah that is recognised and acceptable under the Shariah. The research will adopt qualitative research approach where analysis is done based on treatises of the Muslim jurist and the writings of the contemporary Muslims Scholars.

Item Type:	Article (Journal)
Additional Information:	2245/59150
Uncontrolled Keywords:	Maslahah, Fatwa, Wealth, Malaysia, Islamic law
Subjects:	K Law > K Law (General) K Law > KBP Islamic Law K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law
Depositing User:	Ms Maznah Abdul aziz
Date Deposited:	07 Nov 2017 15:53
Last Modified:	12 Jan 2018 18:16
URI:	http://irep.iium.edu.my/id/eprint/59150

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