COORDINATION OF THE METHOD OF FATWA ISTINBAT IN KEDAH: A STUDYON MUFTI AND FATWAENACTMENT (2008)

Abstract:Fatwa is issued by a faqihmufti, a qualified person to issue fatwa and someone who has all the characteristics to perform ijtihad. The coordination of istinbat method through legislation as a catalyst to the unity of law reasoning and the accuracy of society understanding. The application of istinbat methods is to understand and apply appropriatesyara’ proofson the problem faced by society. This article used social legislation study that combines literature review with descriptive method as well as interview. Focus content analysis on Mufti and Fatwa Enactment 2008 is to study and evaluate legal provision related to fatwa istinbat method in Kedah. Specifically referring to Mufti and Fatwa Enactment 2008, fatwa is not decided individually by the mufti,but is decided collectively with the members of the Fatwa Committee through a discussion process. Apart from that, the Kedah Fatwa Committee makes Mazhab Syafi’e as the main framework in deciding Syara’ Law that is required in fatwa issuing method. Nevertheless, the openness attitude of the Fatwa Committee in accepting the views from other mazhab is positive. The Fatwa Committee also applies literature review method and fieldwork research method to solve an issue of hukm.