Analysis of the use of Daif Hadith in the fatwa on Islamic inheritance law (Faraid) in Malaysia

This study examines the status of hadith that can be used as an argument in fatwa involving legal (hukm) affairs and evaluates the status of the hadiths used in the fatwas of Islamic inheritance law (faraid) issued by state Mufti departments. This study was conducted based on recorded previous studi...

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Main Authors: Fathullah Asni, Jasni Sulong, Ammar Ismail
Format: Article
Language:English
Published: Penerbit Universiti Kebangsaan Malaysia 2021
Online Access:http://journalarticle.ukm.my/17703/
http://journalarticle.ukm.my/17703/1/52118-171181-1-PB.pdf
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author Fathullah Asni,
Jasni Sulong,
Ammar Ismail,
author_facet Fathullah Asni,
Jasni Sulong,
Ammar Ismail,
author_sort Fathullah Asni,
building UKM Institutional Repository
collection Online Access
description This study examines the status of hadith that can be used as an argument in fatwa involving legal (hukm) affairs and evaluates the status of the hadiths used in the fatwas of Islamic inheritance law (faraid) issued by state Mufti departments. This study was conducted based on recorded previous studies on the use of daif hadith in fatwa related to the issue of will (wasiat), and its significant effect in violating the principles of fatwa and causing differences in fatwas on the same issues. The methodology of this study is qualitative, by which the data were collected through library research and field studies. The library research was done by examining books of usul al-fiqh, hadith, articles, enactments, and related circulars, while field studies were conducted using unstructured interview method with selected Muftis. The findings show three decided fatwas on faraid issues by state Mufti departments; the issue of inheritance to dhu arham heirs; the issue of nominee status in EPF; and the issue of remuneration, compensation, and consolation status in faraid. However, only the issue of inheritance to dhu arham heirs used arguments from the hadith. The study also found three out of five Mufti departments argued with daif hadith in the fatwa on issue of inheritance to dhu arham heirs, while the other two state Mufti departments argued on the authenticity (sahih) of the hadith in the issue of the matter.
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spelling oai:generic.eprints.org:177032021-11-28T08:06:39Z http://journalarticle.ukm.my/17703/ Analysis of the use of Daif Hadith in the fatwa on Islamic inheritance law (Faraid) in Malaysia Fathullah Asni, Jasni Sulong, Ammar Ismail, This study examines the status of hadith that can be used as an argument in fatwa involving legal (hukm) affairs and evaluates the status of the hadiths used in the fatwas of Islamic inheritance law (faraid) issued by state Mufti departments. This study was conducted based on recorded previous studies on the use of daif hadith in fatwa related to the issue of will (wasiat), and its significant effect in violating the principles of fatwa and causing differences in fatwas on the same issues. The methodology of this study is qualitative, by which the data were collected through library research and field studies. The library research was done by examining books of usul al-fiqh, hadith, articles, enactments, and related circulars, while field studies were conducted using unstructured interview method with selected Muftis. The findings show three decided fatwas on faraid issues by state Mufti departments; the issue of inheritance to dhu arham heirs; the issue of nominee status in EPF; and the issue of remuneration, compensation, and consolation status in faraid. However, only the issue of inheritance to dhu arham heirs used arguments from the hadith. The study also found three out of five Mufti departments argued with daif hadith in the fatwa on issue of inheritance to dhu arham heirs, while the other two state Mufti departments argued on the authenticity (sahih) of the hadith in the issue of the matter. Penerbit Universiti Kebangsaan Malaysia 2021 Article PeerReviewed application/pdf en http://journalarticle.ukm.my/17703/1/52118-171181-1-PB.pdf Fathullah Asni, and Jasni Sulong, and Ammar Ismail, (2021) Analysis of the use of Daif Hadith in the fatwa on Islamic inheritance law (Faraid) in Malaysia. Islamiyyat : Jurnal Antarabangsa Pengajian Islam; International Journal of Islamic Studies, 43 (2). pp. 17-26. ISSN 0216-5636 https://ejournal.ukm.my/islamiyyat/issue/view/1435
spellingShingle Fathullah Asni,
Jasni Sulong,
Ammar Ismail,
Analysis of the use of Daif Hadith in the fatwa on Islamic inheritance law (Faraid) in Malaysia
title Analysis of the use of Daif Hadith in the fatwa on Islamic inheritance law (Faraid) in Malaysia
title_full Analysis of the use of Daif Hadith in the fatwa on Islamic inheritance law (Faraid) in Malaysia
title_fullStr Analysis of the use of Daif Hadith in the fatwa on Islamic inheritance law (Faraid) in Malaysia
title_full_unstemmed Analysis of the use of Daif Hadith in the fatwa on Islamic inheritance law (Faraid) in Malaysia
title_short Analysis of the use of Daif Hadith in the fatwa on Islamic inheritance law (Faraid) in Malaysia
title_sort analysis of the use of daif hadith in the fatwa on islamic inheritance law (faraid) in malaysia
url http://journalarticle.ukm.my/17703/
http://journalarticle.ukm.my/17703/
http://journalarticle.ukm.my/17703/1/52118-171181-1-PB.pdf