RUANG IJTIHAD DALAM AMALAN FATWA DI MALAYSIA: SOROTAN DARI SUDUT PENTADBIRAN FATWA

Abstract

This article is a survey of the utilization of ijtihad in the issuing of fatwa
in Malaysia. The finding had shown that several positive achievements
pertaining to the practice of ijtihad has been peiformed by the fatwa institution
in Malaysia. Such achievement can be observed in several items, as
far as the organization perspectives were concerned. It including (i) the
provision imposed to a Mufti to conduct an academic legal research before
issuing any fatwa (ii) the provision that extended the prerogative
power of the Mufti (iii) the provision that extended the application of
moderate and liberal approach in choosing the right mazhab in issuing
anyfatwa.