The paper is presented in two parts, one of which explores the various dimensions of fatwa and ijtihad in Islamic jurisprudence and how they are applied in Malaysia and other Muslim countries whereas part two is devoted to fatwa-related developments in Malaysia. Fatwa and ijtihad are explored together as there are many commonalities between them and the source evidence concerning the one often converge with the other. The discussion begins with a comparative note on fatwa and ijtihad and some of the ways in which they differ. Whereas ijtihad is not regulated by any statutory instrument, various Muslims countries have regulated the fatwa issuance procedures through legislation or by-laws and Malaysia has done so perhaps more than most.

Editors: Prof. Mohammad Hashim Kamali, Mohamed Azam Mohamed Adil

Publishers: IAIS Malaysia



For further information and/or to order please visit: bookstore.iais.org.my

Islamic Personal Law

Monday, 13 February 2012 12:13
Published in Articles

The area of personal law is often considered to be the main bastion of Islamic law. One reason for this is that the Qur'an devotes greater attention to subjects such as marriage, divorce, and inheritance than it does to any other legal topic............ Download the full article in pdf attachment (below)

The Encyclopedia of Religion, Macmillan Publishing Co., New York, 1987, Vol. 7, pp. 446-53.

Madhhab (Legal School)

Monday, 13 February 2012 12:12
Published in Articles


The Encyclopedia of Religion (as above), Vol. 9, pp 66-70.

The Johor Fatwa on Mandatory HIV Testing

Tuesday, 13 February 2001 12:09
Published in Articles


This essay begins with an examination and analysis of the Johor Islamic Religious Council fatwa which was issued on the International AIDS Day on 13 November 2001 and made HIV/Aids testing compulsory for Muslims planning to get married in the state of Johor. The fatwa is the first of its kind in Malaysia and became a media topic that invoked comments and responses from the public over a period of several weeks.The Johor authorities have specified public interest (maslaha) as the juridicial basis of their fatwa but it seems that the critical nature of the public response to this fatwa casts doubt over the efficacy of that fatwa and the claim that it makes over maslaha. The present essay examines the arguments, the public response and professional opinion over that fatwa and the extent to which they relate to public interest and maslaha. The last section of this essay looks into fatwa procedure under Malaysia law as that is where some of the issues tend to originate. I have then advanced the view that the fatwa -  making procedure in Malaysia also calls for a fresh evolution and review.




IIUM Law Journal, Vol. 9 (2001), 99-117.

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