الاجتهاد والفتوى في القضايا المعاصرة عند مجلس الإفتاء الوطني الماليزي في ضوء مقاصد الشريعة : دراسة تحليلية

Abstract

This research aims to study the Ijtihad and Fatwa in contemporary issues at the Malaysian National Fatwa Council in the light of Maqaṣid al-Shariʿah. The problem statement of this research is to show the Maqaṣidi perspective of Ijtihad and Fatwa by the Council. The researcher adopted the inductive method by scrutinizing the opinions of Islamic Jurisprudence and Its Principles’ scholars in the subject matter of Ijtihad and Fatwa in the light of Maqaṣid al-Shari'ah. In addition, the researcher used the descriptive method to highlight the concept of Ijtihad and Fatwa in the light of Maqaṣid al-Shariʿah and the history of Islam in Malaysia with a focus on the Ijtihad and Fatwa. Other than that, the researcher applied the analytical method in his analysis of Ijtihad and Fatwa by the Council. Finally, the researcher used the field method by holding interviews with persons in charge of the Ijtihad and Fatwa in Malaysia to obtain information related to the Council. This is done by choosing 20 Ijtihad and Fatwa in the field of ʿIbādāt, Munākaḥāt, Muʿāmalāt and Ṭib. The issues included in the research are the permissibility for police and army to leave Jum'ah prayers because of duty, performing Ḥajj more than once, the ḥukm for women on their menstrual cycle to enter the mosque, the consuming of COVID-19 vaccine during Ramaḍān, the consuming of COVID-19 vaccine for ḥujjaj and muʿtamirin, the marriage of woman pregnant out of wedlock child, the woman who marries without wali, the compulsoriness of HIV test for couple who want to get married, the ʿaqd of marriage via video conference, the child marriage, the life insurance, the money game, the use of Ruqyah Syarʿiyyah for business purpose, the cryptocurrencies, the e-wallets, the transplant of heart and eye, the stop of medication for Brain Death patient, abortion because of baby defection, Human Cloning and Mercy Killing. The researcher can conclude that there is application of Maqaṣid al-Shariʿah in Ijtihad and Fatwa conducted by the Council.