Penginstitusian Majlis Fatwa Kebangsaan dan Kaifiat Pengeluaran Hukum: Suatu Tinjauan Umum

The Institutionalization of the National Fatwa Council and the Methodology of Issuing Legal Rulings: A General Overview

Abstract

The combination of roles played by the Malay Rulers and the scholars (ulama) forms the foundation for the institutionalization of the National Fatwa Council of Malaysia. Initially, this effort aimed to address the lack of uniformity in rulings issued by the State Shariah Courts and the inconsistencies among fatwas issued by the Malay states. In the early stages of institutionalization, the methodology of issuing legal rulings was not formally documented in writing, due to the high level of trust placed in the expertise and capability of the committee members. However, as the level of expertise among members was perceived to decline over time, the need arose for written guidelines to serve as references for committee members and appointed researchers when addressing contemporary Islamic issues. This article aims to explain the combined roles of the Malay Rulers and the ulama in institutionalizing the National Fatwa Council, as well as to examine the guidelines adopted by committee members and researchers in issuing contemporary Islamic legal rulings. The study combines library and field research, with data collected from written sources and exclusive interviews with several figures or individuals directly involved with the National Fatwa Council. The findings indicate that the strong collaboration between the umara (the Malay Rulers) and the ulama successfully established a national-level fatwa council that has resolved numerous legal issues, particularly those concerning contemporary Islamic matters in Malaysia. Meanwhile, the methodology of issuing rulings remains grounded in the Shafiʿi school of thought, which is traditionally adhered to in the country. Nevertheless, it requires clear written guidelines to serve as references in research and decision-making processes.