Fatwa

A fatwa refers to an explanation of Islamic law given as an answer to a religious question. This document explains the definition of a fatwa in terms of language, terminology, legislation, and the scope of its implementation.

From the Linguistic Perspective

In linguistic terms, the term fatwa comes from the words afta or ifta'an, which mean to explain or to elucidate the ruling of an issue related to religion.

Primary Sources

• Al-Qur'an — The primary source of Islamic law that serves as the principal reference.
• Hadith (the Sunnah of Prophet Muhammad, peace be upon him) — The actions, sayings, and approvals of the Prophet that clarify and complete the teachings of the Qur'an.
• Ijma' — The consensus of scholars as a source of legal certainty when there is general agreement.
• Qiyas — Legal analogy used to determine a ruling for a new matter based on the similarity of the illah (legal cause) with existing texts.

From the Terminological Perspective

In Islamic legal terminology, a fatwa has several closely related meanings:

• An explanation of Islamic law by a Mufti regarding a religious issue, based on legal evidence, given as an answer to those who ask—whether individually or in groups.
• The process of providing a legal ruling either by a Mufti individually or collectively through a Fatwa Committee or Fatwa Council.

From the Legal Perspective

According to Section 36(9) of the Administration of Islamic Religion Enactment (State of Melaka) 2002: any statement made by the Mufti or the Fatwa Committee shall not be regarded as a fatwa unless it is published in the gazette.

In other words, for legal purposes, a statement is considered a fatwa only when it is officially issued through publication in the government gazette.

Scope of a Fatwa

• Issues or problems that arise in the community where the ruling is not yet clear.
• Differences of opinion among scholars that require weighing to select the stronger view.
• Issues that have been the subject of fatwas in other countries but need to be adapted according to local conditions and needs.
• Matters of national or international nature that impact the interests of Muslims at large.