Ijtihad

Question 1

Fatwa

Answer 1

1. Authoritative legal opinion issued by mufti in response to a question of law issued by an individual or court of law
2. Concerns issues not covered by existing fiqh
3. Not binding on every Muslim

Question 2

How is fatwa made?

Answer 2

Made when mufti or a qualified person tasked with making fatwa exercises ijtihad

Question 3

Literal meaning of ijtihad

Answer 3

“to strike hard”

Question 4

What is ijtihad?

Answer 4

Effort exerted by mufti while using his reasoning ability and comprehensive knowledge of the Shariah to make legal opinions for new and unexpected situations

Question 5

Step 1 of Fatwa making process

Query

Answer 5

1. Query issued to National Fatwa Council
2. NFC is fatwa institute under federal jurisdiction
3. Query can be made by public, private bodies, government bodies and JAKIM under PM’s department

Question 6

Step 2 of Fatwa making process

Existing issue

Answer 6

1. JAKIM required to study in order to determine whether there is existing issue
2. Determine whether issue is resolved clearly in Shariah text
3. There is existing issue if issue is not resolved clearly and can cause confusion if left unexplained

Question 7

Step 3 of Fatwa making process

Research paper

Answer 7

1. Research paper will be prepared by JAKIM
2. JAKIM has to refer to primary and secondary sources related to issue to prepare research paper
3. JAKIM will also conduct regular interviews with experts if expert opinion is required
4. Complete research paper will be presented at Shariah Research Panel meeting

Question 8

Step 4 of Fatwa making process

Panel

Answer 8

1. Presentation at Shariah Research Panel necessary to prepare research paper to be forwarded to NFC
2. Experts invited if another expert opinion is required
3. If panel believes issue is settled, fatwa will be released
4. If panel believes further research is required, panel will issue proposal paper to NFC

Question 9

Step 5 of Fatwa Making Process

Council

Answer 9

Council first invites expert to meeting which can be held several times if needed
Then decides on fatwa by referring to all relevant sources
Resulting fatwa delivered to each fatwa committee to be gazetted at state level

Question 10

Step 6 of Fatwa making process

Answer 10

1. States can reject NFC fatwa as they have power to issue own fatwas
2. If fatwa is rejected by a state, it will not be applied in that state
3. A rejected fatwa has no signficance because it has to be accepted at state level to be binding