The purpose of this study is to identify the reforms and elements of integration in
Keywords: Consistencyfatwamalaysiaindonesiaistinbat method
Most contemporary Islamic countries had established official fatwa institutions for the purpose of standardizing fatwa decisions, and thus, distinguishing them from personal fatwa. This action has made the official fatwa enforceable and authoritative (Asyur, 2016). Today, the administration of fatwa is uneven between the Islamic countries. There are countries which have several fatwa institutions with their own executive force, such as Malaysia, whilst there are also countries which do not have any official fatwa institution, but they have several considerably influential fatwa institutions, such as Indonesia (Asni, 2017). Even though these countries may have organizations which are responsible and influential for the issuance of fatwa, these organizations work differently, in terms of their administrative processes, decisions, and enforcement. Hence, this study aims to investigate the theories and methods used in the istinbat process of a fatwa, the steps of fatwa standardization, and the actions of its enforcement in the society.
The problem of this study is that there are issues of differences in the administration of fatwa in states that are under Malaysia. This is because since the beginning of independence, the affairs of Islamic religious under the jurisdiction of the state. As a result, it was found that each state was free to determine the administration and production of fatwa (Asni, & Sulong, 2017). Inconsistency in administration and fatwa is not good because it does not indicate good governance and brings confusion to the community because it has different fatwa status in the same problem (Asni, & Sulong, 2016).
However, in the country of Indonesia is different from the Malaysian country when it does not have official institutions and jurisdiction specialized in fatwa matters. This would certainly bring a conflict to the Muslim community there because there is no official institution that organizes fatwa affairs (Bahri, 2017). Hence, based on these problems, the study will examine and explore the standardization and integrity of fatwa institutions in Malaysia and Indonesia.
The research question of the study is what are the efforts made in Malaysia and Indonesia to coordinate and standardize the fatwa institution? What is the similarity between fatwa institutions in Malaysia and Indonesia in terms of administration and methods of issuing fatwa, especially in using certain references during the issuance of fatwa?
Purpose of the Study
The purpose of this study is to identify the reforms and elements of integration in fatwa administration in Malaysia and Indonesia, in which, the result of fatwa being issued is strong, standard, and problem-solving and brings public interest (
This study is a qualitative study in which data are collected through library research and field research. Through a library research, researchers collect data on fatwa issues, fatwa institutions, fatwa production processes and fatwa legislation in both countries through relevant circulars, books and journals. Then the collected data were analyzed using the content analysis method. According to Jasmi (2012), document analysis is a method of obtaining relevant information from printed material in the form of documents. Hence, based on the study of the collected data, the researchers conclude that there are elements of standardization of fatwa institutions and fatwa production in both countries. Furthermore, in order to obtain more detailed information on practices at fatwa institutions in both countries, researchers have unstructured interviews with individuals directly involved with fatwa institutions in both countries, comprising JAKIM, Mufti and the Fatwa Committee.
Fatwa Unification Efforts
Similar concept had taken place during the
The efforts of standardizing
In this context, the unification of
The Practice and Method of Fatwa Standardization in Malaysia
In Malaysia, there are 12 official
There is no specific qualification that is clearly stated in the Enactment or the States’ Islamic Religious Administration Act in terms of mufti qualification, whether in the fields of expertise, level of academic qualification or in terms of excellency. Notwithstanding the facts, in practical terms, all of the appointed mufti have at least a Bachelor’s Degree (Yaacob, 1998). Based on the hierarchy structure, all states have three standard main positions, that is, mufti, deputy mufti, and secretary. However, there is a difference in terms of the composition of the state
The efforts of standardizing
Besides that, as a move towards aligning
Based on the information presented, in general, the provisions on the mufti jurisdiction in the states are almost standard and not much different than one another. This is a sequence of efforts towards the standardization of
The Practice and Method of Fatwa Standardization in Indonesia
In Indonesia, there is no official
The MUI branch is established in all regions of Indonesia. Services are provided, whereby, issues directly or indirectly presented by the public are dealt with in order to solve their problems (Bahri, 2017). The MUI creates a special
In addition to that,
In terms of sources of reference, the MUI Lajnah Fatwa refers to the basic reference of the Islamic law, that is, the Quran,
Meanwhile, for contemporary questions, whereby, the views of previous Islamic scholars cannot be found in any sect or other
In summary, the elements of standardization are evident in the practice of
Besides that, the factor of standardization can also occur when a complex, contemporary problem that has never been discussed before by the previous Islamic scholars arises, in which, the process of
The study shows that the unification efforts of fatwa through various mechanism have been carried out since the period of the Sahaba. This is because, in addition to Shari’a, it also brings great benefits and maslahah. The study discovers that the concept of fatwa practice in Malaysia and Indonesia is different, but that there are elements which could unite the views of the fatwa through the management of fatwa conducted by certain parties either expressly or implicitly. Among the fatwa unification approaches in Malaysia are through the fatwa legal references, the structure of fatwa committee members, rules, enforcement, MJFK recommendations, federal government efforts, and safeguarding public interest. Meanwhile, the fatwa unification approach in Indonesia are through fatwa legal references; the combination of Islamic scholars in a large, influential organization, that is, the MUI which also coordinates Muhammadiyah and NU; ijtihad jama’i; organizing national seminar of Indonesian Islamic scholars under the supervision of MUI; referring to the existing fatwa of MUI; and prioritize public interest. The study also discovers that the administration and management of fatwa in Malaysia is more structured compared to Indonesia since in Malaysia there are provisions in terms of financial and law.
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23 September 2019
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Sociolinguistics, linguistics, literary theory, political science, political theory
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Sulong, J., Ismail, F. H., & Asni*, F. (2019). Analysis Of Practice And Method Of Fatwa Standardization In Malaysia And Indonesia. In N. S. Mat Akhir, J. Sulong, M. A. Wan Harun, S. Muhammad, A. L. Wei Lin, N. F. Low Abdullah, & M. Pourya Asl (Eds.), Role(s) and Relevance of Humanities for Sustainable Development, vol 68. European Proceedings of Social and Behavioural Sciences (pp. 360-367). Future Academy. https://doi.org/10.15405/epsbs.2019.09.40