The concept of Fatwa (Islamic verdict) in Malaysia and the constitutional dilemma: a legislation or legal opinion?

In Malaysia, fatwa has been considered as a religious verdict that assists in regulating Muslim’s conduct of activities in the country. The Federal constitution of Malaysia has vested the responsibility for enacting laws in the hands of the Parliament at the Federal level and in the state Assembli...

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Main Authors: Ansari, Abdul Haseeb, Arifin, Mahamad, Abdullah, Mohamad Asmadi, Chiroma, Magaji
Format: Proceeding Paper
Language:English
English
Published: 2014
Subjects:
Online Access:http://irep.iium.edu.my/36853/
http://irep.iium.edu.my/36853/1/CONFERENCE_Papae-Magaji-II-14.pdf
http://irep.iium.edu.my/36853/2/CONFERENCE_Kl-_Ethical_Approach_for_Buisness.pdf
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author Ansari, Abdul Haseeb
Arifin, Mahamad
Abdullah, Mohamad Asmadi
Chiroma, Magaji
author_facet Ansari, Abdul Haseeb
Arifin, Mahamad
Abdullah, Mohamad Asmadi
Chiroma, Magaji
author_sort Ansari, Abdul Haseeb
building IIUM Repository
collection Online Access
description In Malaysia, fatwa has been considered as a religious verdict that assists in regulating Muslim’s conduct of activities in the country. The Federal constitution of Malaysia has vested the responsibility for enacting laws in the hands of the Parliament at the Federal level and in the state Assemblies at the state level. On the other lane, the Administration of Islamic Law enactments of various states and Federal Territories in Malaysia have provided for the establishment of fatwa institutions in order to issue a binding fatwa and to regulate Islamic verdicts in various states in the country. This process of issuing legal verdicts has been drawing the attention of some people as to its constitutionality. Thus, it has been perceived as usurpation of the legislative powers of the Parliament and state Assemblies as enshrined in the Malaysian Federal Constitution. In reaction to the above, the paper attempts to examine the role and legal status of fatwa within the context of the Malaysian laws with a view to clarifying its legal position.
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institution International Islamic University Malaysia
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language English
English
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publishDate 2014
recordtype eprints
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spelling iium-368532018-06-12T02:10:35Z http://irep.iium.edu.my/36853/ The concept of Fatwa (Islamic verdict) in Malaysia and the constitutional dilemma: a legislation or legal opinion? Ansari, Abdul Haseeb Arifin, Mahamad Abdullah, Mohamad Asmadi Chiroma, Magaji KBP Islamic Law In Malaysia, fatwa has been considered as a religious verdict that assists in regulating Muslim’s conduct of activities in the country. The Federal constitution of Malaysia has vested the responsibility for enacting laws in the hands of the Parliament at the Federal level and in the state Assemblies at the state level. On the other lane, the Administration of Islamic Law enactments of various states and Federal Territories in Malaysia have provided for the establishment of fatwa institutions in order to issue a binding fatwa and to regulate Islamic verdicts in various states in the country. This process of issuing legal verdicts has been drawing the attention of some people as to its constitutionality. Thus, it has been perceived as usurpation of the legislative powers of the Parliament and state Assemblies as enshrined in the Malaysian Federal Constitution. In reaction to the above, the paper attempts to examine the role and legal status of fatwa within the context of the Malaysian laws with a view to clarifying its legal position. 2014 Proceeding Paper PeerReviewed application/pdf en http://irep.iium.edu.my/36853/1/CONFERENCE_Papae-Magaji-II-14.pdf application/pdf en http://irep.iium.edu.my/36853/2/CONFERENCE_Kl-_Ethical_Approach_for_Buisness.pdf Ansari, Abdul Haseeb and Arifin, Mahamad and Abdullah, Mohamad Asmadi and Chiroma, Magaji (2014) The concept of Fatwa (Islamic verdict) in Malaysia and the constitutional dilemma: a legislation or legal opinion? In: Kuala Lumpur International Business, Economics and Law Conference (KLIBEL4), Vol. 3, 31 May-1 June 2014, Hotel Putra, Kuala Lumpur. http://klibel.com/
spellingShingle KBP Islamic Law
Ansari, Abdul Haseeb
Arifin, Mahamad
Abdullah, Mohamad Asmadi
Chiroma, Magaji
The concept of Fatwa (Islamic verdict) in Malaysia and the constitutional dilemma: a legislation or legal opinion?
title The concept of Fatwa (Islamic verdict) in Malaysia and the constitutional dilemma: a legislation or legal opinion?
title_full The concept of Fatwa (Islamic verdict) in Malaysia and the constitutional dilemma: a legislation or legal opinion?
title_fullStr The concept of Fatwa (Islamic verdict) in Malaysia and the constitutional dilemma: a legislation or legal opinion?
title_full_unstemmed The concept of Fatwa (Islamic verdict) in Malaysia and the constitutional dilemma: a legislation or legal opinion?
title_short The concept of Fatwa (Islamic verdict) in Malaysia and the constitutional dilemma: a legislation or legal opinion?
title_sort concept of fatwa (islamic verdict) in malaysia and the constitutional dilemma: a legislation or legal opinion?
topic KBP Islamic Law
url http://irep.iium.edu.my/36853/
http://irep.iium.edu.my/36853/
http://irep.iium.edu.my/36853/1/CONFERENCE_Papae-Magaji-II-14.pdf
http://irep.iium.edu.my/36853/2/CONFERENCE_Kl-_Ethical_Approach_for_Buisness.pdf