الفتاوى الشرعية وإشكالية الثبات والتغير : دراسة تطبيقية في الواقع الماليزي

Abstract

This research studies the changeable and unchangeable concepts in Islamic Legal Rules (al-Ahkām al-Shar’iyyah) and Islamic Legal Opinions (Fatawa). The methodologies used in this research were descriptive, inductive and deductive, which means describing the facts of the topic, studying the Muslim scholars' opinions and finally analyzing them to come up with reasonable and acceptable results. The focus of the research is not only on the theoretical perspective only, but also the practical by examining and analyzing the issues of change of Islamic Legal Opinions (Fatawa) in Malaysia. The Malaysian Muslim scholars' opinions were studied and analysed using analytical and critical approaches. Five decisions regarding belief, worship and transactions (mucāmalāt) made by The National Fatwa Committee and the State Fatwa Committee were studied. The researcher concluded that the changes in Fatwa in Malaysia is due to the changes in circumstances, conditions, public interest, new information and differences in ijtihad.