Topic 11: Procedure of making Fatwa in Malaysia

Reference:
1-Patterns of Contemporary Ijtihad in Malaysia: Analysis of Fatwas of Malaysian National Fatwa Council, By Saadan Man, International
Journal of Social Science & Human Behaviour Study IJSSBHS Volume 1; Issue 3 (ISSN 2374-1627), 30 September 2014.
2-Prosedur Mengeluar dan Menguatkuasa Fatwa di Semenanjung Malaysia, By Hasnan Kasam, Jurnal Undang-Undang dan Masyarakat
10(2006) 1-19.

Definition of Ijtihad and Fatwa

Ijtihad: Method /exercise of Fatwa: Explanation of ruling on a

independent jurist reasoning by particular question from Syariah
qualified jurist perspective given by a competent
jurist called Mufti

Process of Ijtihad

Study on the query that had been forwarded to the National Fatwa Council (NFC)

Query by the pubic/government/private agencies/initiative taken by JAKIM (Dept. of Islamic Development Malaysia)

A study on the query is carried out by the Research Unit of JAKIM whether a fatwa
relating to the issue exists or not

Result: Required Fatwa

Research paper will be prepared will refer to primary and secondary sources on the matters related to the issue. If there
are something that need explanation from the experts in related field, the officers will conduct interviews with them.

The research paper will be
presented in a meeting of
Shariah Research Panel.
The panel facilitates the
preparation of the
proposal paper to be
forwarded to the NFC. In
the meeting also invite the
experts if further
explanation is needed.
If the issue can be settled at the panel level/ no further discussion, then a fatwa
will be issued.
If the issue need further discussion with NFC is required in order to get more
perspectives to solve the issue, a proposal paper will be forwarded to the NFC. The
meeting will be held several times depending on the situation and need. The NFC
strives its best to decide on a new fatwa. The NFC also refers to the related fatwa
issued by other organization such as Majma al Fiqh al Islami Al Duali in Jedah, yet
finally decision will be made by taking local and context into consideration.