تعارض الفتوى في ماليزيا من حيث اعتبار المصالح : دراسة تحليلية تقييمية

Abstract

This research focuses on examining the role of Maslahah in issuing fatwas as one of the main factors contributing to the occurrence of conflicts. The research problem lies in the extent to which consideration of Maṣlaḥah affects fatwa conflicts, and in determining whether consideration of Maṣlaḥah in Malaysian fatwa institutions is aligned with the Dawabit established by jurists. This research aims to shed light on the issue of fatwa conflicts in Malaysia, particularly those evident in the differences between fatwas issued by the National Fatwa Council and those issued by fatwa institutions in different states. This conflict is a sensitive issue, as it can lead to confusion and unrest within society if not addressed systematically and thoughtfully. The researcher analyses the criteria for considering Maṣlaḥah in fatwas, introduces fatwa institutions in Malaysia, their methods, and procedures, and analyses examples of fatwas issued between 1990 and 2020. The researcher employed the analytical inductive approach in this study, drawing on sources of Fiqh and Uṣūl al-Fiqh as well as relevant scholarly articles and studies. Field interviews were also conducted with several relevant specialists. The study concluded that the consideration of Maṣlaḥah in fatwas by Malaysian fatwa institutions is consistent with the Shari'ah Law, and Maṣlaḥah is a factor contributing to fatwa conflict. However, this conflict is not considered a negative matter in and of itself, but rather requires appropriate responses, such as tarjiḥ, educating society about proper etiquette when dealing with different fatwas and enhancing the performance of fatwa institutions, which contributes to reducing confusion and preventing conflict among Muslims.