ISSN: 2320-5407 Int. J. Adv. Res.

9(06), 614-622

Journal Homepage: -www.journalijar.com

Article DOI:10.21474/IJAR01/13053
DOI URL: http://dx.doi.org/10.21474/IJAR01/13053

RESEARCH ARTICLE
FATWA COORDINATION IN MALAYSIA: A LITERATURE REVIEW

Nurul Ashiqin Binti Mahmud Zuhudi1, Salmy Edawati Binti Yaacob2 and Zamzuri Bin Zakaria3
1. Sharia Research Centre, Faculty of Islamic Studies, UniversitiKebangsaan Malaysia.
2. Sharia Research Centre, Faculty of Islamic Studies, UniversitiKebangsaan Malaysia, Institute of Islam Hadhari,
UniversitiKebangsaan Malaysia.
3. Sharia Research Centre, Faculty of Islamic Studies, UniversitiKebangsaan Malaysia.
……………………………………………………………………………………………………....
Manuscript Info Abstract
……………………. ………………………………………………………………
Manuscript History Fatwa coordination in Malaysia are non-ending issues due to certain
Received: 23 April 2021 factors whereas debated by many scholars. The issues of non-
Final Accepted: 25 May 2021 coordination or inconsistency of fatwa between the State Fatwa
Published: June 2021 Committee and the Muzakarah Committee of the National Council for
Islamic Religious Affairs in Malaysia discussed by many reviewers as
Key words:-
Fatwa, Fatwa Coordination, Non- well as its impact on the community and the fatwa institution
Coordination of Fatwa, Inconsistency of itself.Hence, this article aims to highlight past research related to the
Fatwa, Importance of Fatwa issue of fatwa coordination in Malaysia.The approach adopted is the
Coordination
method content analysis of past studies. The analysis of this literature
uses thematic method approach in understanding selected articles based
on random systems and the use of keywords in relation to fatwa
coordination. Synthesis analysis carried out has resulted in six (6)
themes consisting of factors of inconsistency, impact of inconsistency,
importance of coordination, resolution of inconsistencies, minimization
of inconsistency and the role of the Muzakarah Committee as the
national fatwa institution. Thematic reviews give the advantages of the
structured aspects of the discussion to the studies carried out by past
surveyors.

Copy Right, IJAR, 2021,. All rights reserved.

……………………………………………………………………………………………………....
Introduction:-
Fatwa Coordination
The coordination of fatwas is an issue that attracts many scholars, whether academic or non-academic. According to
Ahmad HidayatBuang (2006), issues related to fatwa coordination were discussed by many reviewers such as
Othman Ishak, Sidi Ahmad Abdullah, M.B Hooker, Mahmud Saedon Othman, Ahmad Ibrahim, Abdul Munir
Yaacob and MohdDaud Bakar.

The findings of qualitative synthesis carried out by the author on articles related to fatwas and fatwa coordination,
have basically produced six (6) themes namely the factors of inconsistency, the effect of the inconsistency, the
importance of coordination, the resolution of the inconsistency, the aspect of minimizing the inconsistency and the
role of the Muzakarah Committee of the National Council for Islamic Religious Affairs in Malaysia. The author will
review the articles base on thematic approach in understanding the issues.

Corresponding Author:-Salmy Edawati Yaacob

Address:-Sharia Research Centre, Faculty of Islamic Studies, UniversitiKebangsaan Malaysia. 614
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Factors Affecting Fatwa Inconsistency in Malaysia

According to Mohd. Mohadis Yasin (2007), Zaini Nasohah, Hayatullah Laluddin et al. (2012), Zulfaqar Mamat,
Mohd Nasran Mohamad et al. (2013), Mohamed Azam Mohamed Adil (2015) and Muhammad Ikhlas Rosele,
Luqman Hj Abdullah et al. (2017), there are seven (7) factors that contribute to the non-fatwa in Malaysia. These
factors are the application of separate legislations, the muzakarah authority of the National Fatwa Committee
(MJFK), the unbalanced composition of MJFK Committee Members, application of different fatwa methodologies,
different academic backgrounds, local urfs and the acceptance of MJFK fatwas as follows:

The
Separate of
Legislations
The
The
Acceptance
Authority of
of MJFK
MJFK
Fatwas

Factors
Affecting
Fatwa The
Inconsistency Unbalanced
Local Urfs of MJFK
Committee
Members

Different of
Different
Fatwa
Academic
Methodolog
Backgrounds
ies

Figure 1.1:- Fatwa Inconsistency Factors.

Article 74(2) and item 1. State List, Ninth Schedule, Federal Constitution which provides for state jurisdiction in
matters involving Islamic religion and Islamic law'. This provision clarifies that matters pertaining to religious
matters are subject to the jurisdiction of the State Islamic Religious Council. Indirectly, the provision also clarifies
the application of different legal systems according to the respective state enactments in the issuance and
enforcement procedures of fatwas, where religion is the exclusive right of a state. Based on this situation, it is one of
the factors of fatwa inconsistency in Malaysia (Hasnan Kasan 2006, Azman bin Ab Rahman 2011, Luqman Hj.
Abdullah and Muhammad Ikhlas Rosele 2016). The authors view the difference that exists in each process of issuing
fatwas in states is one of the factors that influence the inconsistency of fatwas today in line with the findings of past
reviewers. (Mohd Mohadis Yasin 2007, Zaini Nasohah, Hayatullah Laluddin et al. 2012, Mohamed Azam Mohd
Adil 2015, ).

Differences In
Fatwas In
Malaysia

Differences Differences
Among Fatwa Among Private
Institutions Fatwas

National Fatwa State Fatwa X Fatwa Private Fatwas X

VS Vs Institution VS Vs
State Fatwa State Fatwa Y Private Fatwas Private Fatwas Y

Figure 1.2:- Classification of Fatwa Differences

Source: (Muhammad Ikhlas Rosele, Luqman Hj Abdullah et al. 2017).

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The adoption of these different laws has resulted in differences in fatwas in Malaysia as illustrated in Figure 1.2,
where there are two (2) different types of fatwas, namely the difference of fatwas that exist between the fatwa
institution and the difference of fatwas that exist between the private fatwa itself. (Muhammad Ikhlas Rosele,
Luqman Hj Abdullah et al. 2017). This difference is directly presenting the conflict to the community.

The existence of state fatwa committees accompanied by legal provisions specific to religious affairs and Shariah
law gives states exclusive authority in any religious affairs in their respective states. This situation also limits the
jurisdiction of the National Fatwa Committee or also currently known as Muzakarah Committee of The National
Council For Islamic Religious Affairs In Malaysia. Previously, the existence of the National Fatwa Committee was
to consider, decide and issue fatwas on any matter referred to by the Council of Rulers or the State Islamic Religious
Council or a council member with the purpose of providing advice or recommendations as stipulated in article 14 of
muzakarah regulations (Zaini Nasohah 2005). This is reinforced by the current practice that any fatwas decided by
the National Muzakarah Committee will be brought to the State Fatwa Committee for discussion and refinement etc.
This includes fatwas discussed can be amended, not gazetted, agreed with amendments, agreed without amendment
and the like (Ahmad Hidayat Buang 2004, Azman Ab.Rahman 2011, Isa Ansori 2017). This proves that the
authority of the National Muzakarah Committee is limited and is one of the factors of the inconsistency of fatwas in
Malaysia.

The third factor that leads to the inconsistency of fatwas is the different methodological approaches between the
State Fatwa Committee and the National Muzakarah Committee in deciding a fatwa issue. For example, as in the
case of AmanahSaham Bumiputera, Abdul Hadi (2014) found that the Selangor State Fatwa Committee uses the al-
fiqh al-shakli-based1approach but theNational Muzakarah Committee uses the Maqasidfiqh approach2. Clearly, the
differences in approaches used to cause results produced before 2017 are very conflicting with each other.
Discussion on the application of different fatwa methodologies between states was also discussed by Luqman Hj
Abdullah et al. (2017) which affects the production of different laws. Clearly, this situation causes confusion to the
community and makes it difficult to coordinate fatwas in Malaysia.

Discussion by Alias Azhar (2017) in the context of istinbat law by recommending that more research be given in
setting research guidelines so that a ruling issued is to meet the current needs of society today. This study
summarizes the need for research into fatwa research to ensure that the rulings issued can address the issues of
society today as recommended by LuqmanHj. Abdullah and Muhammad IkhlasRosele (2016) which emphasizes the
coordination of methodology aspects, methods of determining and researching fatwas that lead to the standardization
of legal decisions. This study indirectly demonstrates the need for an understanding among mujtahids today in
making consideration of issuing fatwa rulings.

Specifically, ZulfaqarMamat (2013) through his research on the management of the Muzakarah of the National
Fatwa Committee and the State Fatwa Committee: An Analysis of The Similarities and Differences of Fatwas From
2000 to 2009 has classified fatwas into three categories as follows:
1. The fatwa is the same legal status and the fatwa sighah.
2. Fatwas have the same legal status but differ in fatwas.
3. Fatwas differ in legal status and certainly differ in fatwas.

Studies have shown that the aspects of the state's acceptance of fatwas decided by the National Muzakarah
Committee can be divided into three (3) categories, namely fatwas with the same legal status but differing in fatwas
and are the most widely available categories of fatwas in their studies. The fatwas differed from 21 fatwas or 18.26.
The impact of this study can be seen from various aspects, including the state's level of adherence to fatwa decisions
decided at the national level, difficulty in the efforts to coordinate fatwas, confusion to society and so on.

Al-Hakimi (1999) in LuqmanHj Abdullah et al. 2017 discussed the difference between fatwas as influenced by the
change of times(taghayyur al-fatwa bi taghayyur al-zaman)in line with the changes intime, place and culture based
on the local uruf practiced. The authors' observations on the reality of the fatwa situation in Malaysia found that the
differences in fatwas because of the uruf concept were practiced as much as creating conflict for the community.
The occurrence of this matter is due to the level of public understanding of the concept of fatwa itself. Differences

1
A method based on formatting and the form of hukum.
2
A method based on Shariah objective despite of istinbat

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that exist if not handled in a good way, can have a huge impact on the lifestyle of society from various aspects of life
such as economics, legislation, muamalat and soon.

Impact of Fatwa Inconsistency on Society and Fatwa Institutions

The impact of fatwa inconsistency can be divided into two i.e. causing confusion to the community (Mohd. Mohadis
Yasin 2007, Zaini Nasohah, Hayatullah Laluddin et al. 2012, Zulfaqar Mamat, Mohd Nasran Mohamad et al. 2013,
Mohamed Azam Mohamed Adil 2015, Ibrahim, Badruddin et al. 2016, Fathullah Al Haq Muhamad Asni 2017,
Muhammad Ikhlas Rosele, Luqman Hj Abdullah et al. 2017) and undermine the authority of the fatwa institution
itself. (Mohadis Yasin 2007, Muhammad Fathullah Al Haq Muhamad Asni and Jasni Sulong 2017, Muhammad
Ihlas Rosele, Luqman Hj Abdullah et al. 2017).

Among the earliest scholars to conduct research on the acceptance of fatwas among the community was Othman
Ishak in 1981. The findings, have had a profound impact on the world of fatwa in Malaysia to this day. He found
that the community and the courts and even the government themselves did not respect the fatwa issued because
there was confusion as a result of the conflict of law issued by the fatwa institution at that time. The society does not
make muftis as the main reference because they are said to not be in the community, but rather tend or be
comfortable to refer to the ustaz/iman that surrounds them in solving the question of the ruling of life. Muftis are
also labeled as secular and favor politically interested parties but difficult to approach and bureaucratic in addition to
giving different views on an issue and it clearly confuses the community (Raihanah 2004). The authors opinion that
this findings prove the issue of inconsistency and confusion to the community is the result of conflict or diversity of
fatwa decisions decided and it is a long-standing issue that extends to 40 years. The findings from Othman Ishak
(1981) also indirectly illustrates that the image and authority of the fatwa institutions are somewhat tainted by the
conflicts that exist.

Meanwhile, a study by Raihanah Abdullah (2004) has proven that the issue of confusion and image of the affected
fatwa institution has been greatly addressed by the parties concerned. The community's acceptance of fatwas was
also improved in line with the current developments supported by the attitudes and knowledge of the community
itself. Similarly, the writing by Zulfaqar Mamat (2014), also proved that the issue of confusion and image of fatwa
institutions in Malaysia improved with cooperation, understanding and relationships built between the State Fatwa
Committee and the National Muzakarah Committee as well as improvements for improvements implemented by the
Secretariat of the National Muzakarah Committee or JAKIM.

Ahmad HidayatBuang (2016) also discussed the challenges that need to be implemented in the efforts of all parties
to strengthen the authority of fatwa institutions. Among them, fatwas issued should be made public and explained to
the public, parties who are directly involved in issuing fatwas should possess good skills and mastery from the point
of diversity of languages, to bridge differences of opinion by obtaining opinions and suggestions from various
parties especially those who are always with the community. Fatwa institutions need to be free of political image
and so on.

Shelia Nu (2013) and Fathullah Asni (2020) discussed the confusion among financial industry players due to the
non-compliance of Shariah law. The differences in the existing laws have had a significant impact on the
development of the Islamic capital market. Similarly, the absence of legal consistency or consistency in bay al-dayn
has had a significant impact on all parties involved such as financiers, investors and even the public are also
confused about these sukuk transactions. Ulusoy and Ela (2017) in Fathullah Asni (2020) stated that the absence of
relevant legal uniformity has slowed the development of the sukuk industry and damaged the image of the Islamic
finance industry directly.

The Importance of Fatwa Coordination for Society and Country

Based on the analysis, there are two (2) importance of coordinating fatwas, namely the national interest and
maslahah. The importance of maslahahis only discussed by Muhammad Fathullah Al-Haq (2017 and 2020) through
four (4) different articles focused on the field of fatwa coordination and in 2020, he focused on the issue of maslahah
in the context of managing fatwa coordination in bay'inah contracts in Malaysia. 3

3
Definition maslahah by Imam al-Ghazali: ‘’Bring Benefits and Prevent harm’’.

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It is important to coordinate fatwas in the national interest. This issue is among the subjects discussed by seven (7)
past writers in discussing the importance of fatwa coordination. (Mohadis Yasin 2007, Zaini Nasohah, Hayatullah
Laluddin et al. 2012, Zulfaqar Mamat, Mohd Nasran Mohamad et al. 2013, Mohd Nasran Mohamad and Zulfaqar
Mamat 2015, Fathullah Al Haq Muhamad Asni and Jasni Sulong 2017).

The issue of national interest was also discussed by Mohd. Shahir Hj.Abdullah (1991) in Mohd Mohadis Yasin
(2007) through his paper 4 on Islamic Administrative Institutions in Malaysia. He has detailed on fatwas that have a
national interest should have features related to policies, policies, programs or activities related to the interests of the
Federal Government, State Government or any ministry, department or agency. This detail is in line with the
provisions of the State Islamic Religious Administration Bill (Federal Territories, Clause 39 (3). He also pointed out
that it is important to establish a commonality between fatwas issued by the State Fatwa Committee and the National
Fawa Committee on issues involving the national interest as it can confuse society and distort the image and
authority of fatwa institutions. The discussions and statements presented regarding the discrepancy are among the
reasons why the fatwa committee membership is composed only of those of religious background and do not do the
necessary ijithad by simply referring to the old books only. Based on the author's experience 5, in line with current
developments, this has been made improvements for improvement. Whereby, the membership of the National Fatwa
Committee consists mainly of those in various areas such as muamalat, economics, law and others, cooperation with
the relevant parties is made to strengthen the results of the research and thus produce a correct decision.

The efforts of the National Muzakarah Committee Secretariat managed by JAKIM to coordinate fatwas in Malaysia
can be seen through the preparation of Fatwa Issuance Guidelines (2017). Item 46 of this guideline has detailed
special criteria relating to national issues in order to identify fatwas that need to be discussed and refined in the
categories of fatwas of a national importance. The first three (3) criteria are the issues involving the interests of the
country, the two issues related to Muslims as a whole and the third religious issue that occurs in a state that may
occur in another state. The State Fatwa Committee should filter every issue raised if it has a listed feature, the best
step is to bring the issue to discussion at the National Muzakarah Committee to be discussed and decided on for the
well-being of all parties.

Mahamad Naser Disa (2011) saw the coordination of fatwas from the legal aspect. In his view, fatwas were a legal
instrument that had existed since the reign of the Malay Sultanate. He also disputed some previous research
proposals that suggested that a Mufti State Institution be created to coordinate the issue of fatwa differences as an
understanding of the history of malay sovereignty and the Federal principles practiced in the country as well as a
suggestion that is intended to ulul amri sovereignty in Islamic affairs. This article also provides and describes the
provisions of state legislation relating to fatwas, which conclude that existing provisions indeed support fatwa
issuance efforts involving national interest or national interest in line with Ahmad Hidayat Buang's opinion (2012)
that fatwas in Malaysia are quasi-legal because they are issued by authorities in the public interest. In the author's
views, this well-written article supports any form of fatwa coordination so that the image of the fatwa institution
can be preserved as best as possible.

The writings of Muhammad Fathullah al-Haq bin Muhammad Asni and Jasni bin Sulong (2017) ranged from "Inter-
State Fatwa Coordination: Analysis of Practices and Methods of Standardization in Malaysia" and "The
Standardization of Fatwas on Waqf Issues in Malaysia: An Early Highlight" discussing the issue of the
standardization of fatwas in Malaysia. Both articles emphasize the importance of the standardization of fatwas in
the interest of society based on the concept of maqasidsyariah which has been outlined. The MJFK secretariat based
in the Department of Islamic Development Malaysia and the State Fatwa Committee should increase cooperation
and take more proactive measures in ensuring that efforts to standardize fatwas can be implemented to strengthen
and strengthen fatwa institutions. For example, the standardization of fatwas on waqf issues, it can give firmness and
agreement in the matter by consideringmaslahah and mafsadah based on syariahmaqasid. Indirectly, it also needed
to improve the socio-economic development of the community.

4
Paperwork in the Part the Thing Affairs Islam (BAHIES), Department Prime Minister (JPM)
5
An Officer in the Research Department of JAKIM - Responsible Provides Paper Research Fatwa Start 2014 To
2019

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Resolution of Inconsistency Fatwa

There are 10 methods that proposed by past scholars to solve of fatwa inconsistency in Malaysia, it is by proposing
to establish fatwa guidelines (Muhamad Miziazam Bin Yahya and Ahmad Wifaq bin Mokhtar 2018), formation the
Mufti Department of the State (Mohd. Mohadis Yasin 2007), improvement of fatwa committee membership (Mohd.
Mohadis Yasin 2007, Mohamed Azam Mohamed Adil 2015, MohdNasran Mohamad and ZulfaqarMamat 2015,
Muhammad Fathullah Al Haq Muhamad Asni and JasniSulong 2017), improved fatwa management infrastructure,
smart partnerships, or networks (Mohd. Mohadis Yasin 2007, Mohamed Azam Mohamed Adil 2015, Muhammad
IkhlasRosele 2017), foreign fatwas as one of the references (Mohd. Mohadis Yasin 2007), formation of Mufti
Negara position (Mohamed Azam Mohamed Adil 2015, Fathullah Al Haq Muhamad Asni 2017, Muhammad
IkhlasRosele, LuqmanHj Abdullah et al. 2017), enhancement to the relevant legal provisions (Muhammad
IkhlasRosele, LuqmanHj Abdullah et al. 2017), formation the Fatwa Coordination Centre (MohdNasran Mohamad
and ZulfaqarMamat 2015) and formation the Fatwa Coordination Model (Muhamad Miziazam Bin Yahya and
Ahmad Wifaq bin Mokhtar 2018). The solutions are described in Figure 1.3 below:

Fatwa
Guidelines
Formation
The Fatwa Mufti
Coordination Department
Model

Formation Enrichment
The Fatwa of Fatwa
Coordination Committee
Centre Membership

Resolution of
Inconsistency
Fatwa
Enhancemen
Enhancemen
t of Fatwa
t To The
Managemen
Relevant
t
Legal
Infrastructur
Provisions
e

The Position Smart

of Mufti Partnerships
Negara Foreign or Networks
Fatwas As
One of The
References

Figure 1.3:- Proposed Fatwa Inconsistency Settlement.

Fatwa Guidelines published by JAKIM (2017) are one of the efforts in harmonizing conflicts between fatwa
institutions in Malaysia. Among the past reviewers who have discussed this guideline are Ahmad HidayatBuang
(2012), ZulfaqarMamat (2013), Miziazam (2018). The requirement for the preparation of a guideline was initiated
by Ahmad HidayahBuang (2012) through the presentation of his paper on Muzakarah by Experts: Guidelines and
Standards for Issuing National Fatwas in 2012 organized by the World Fatwa Management and Research Institute
(INFAD). He has clearly presented measures to be taken in establishing a standardized fatwa standard or guidelines
for the use of state and national fatwa committees in the efforts of all parties to avoid conflicts in the national
interest. In support of this effort, ZulfaqarMamat (2013) has proposed establishing these guidelines to standardise
fatwas in Malaysia in his scientific studies.

The proposal to establish the Mufti's Department of State in addressing the issue of fatwa inconsistency was not
approved on the grounds that the matter of fatwas was handled by JAKIM. Similarly, the proposal for the position of
Mufti Negara was also not approved on the grounds that the Chairman of the National Fatwa Committee can
accommodate existing duties (Ahmad HidayatBuang 2012). The position of Mufti Negara should be based on
criteria i) have a broad background in Shariah and among the seniors. ii) The appointment of this office is based on a

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rotation system certified by the Council of Rulers (MRR) and its jurisdiction does not take over the functions and
powers of the State Mufti. iii) Fatwa issued by mufti negara is legally binding and must be complied with. iv) Only
the Mufti of State has the authority to issue statements for controversial issues and so on. v) This position was in line
with Turus III, while the State Mufti was graded as JUSA A (Mohamed Azam Mohamed Adil 2015). The
explanation by Ahmad HidayatBuang (2012) is clear regarding the proposal of the Mufti's Department of State and
the position of Mufti Negara as it relates to the provisions of state laws that have full authority over religious affairs
in their respective states but this proposal can be considered as subtle as possible for the benefit of the ummah. This
is not possible with developments for the sake of development in the institution of fatwa today.

In order to strengthen the management of fatwas in Malaysia, it is proposed that the secretariat representatives from
JAKIM should be involved in meetings of the State Fatwa Committee to help explain and provide views and
suggestions towards the coordination of a fatwa issue (Luqman Hj. Abdullah and Muhammad Ikhlas Rosele 2016).
This proposal can improve the management of fatwa institutions to be more effective and enhance the image as well
as increase public confidence in a fatwa decided. The involvement of these representatives can be considered
representative of the fatwa institution at the national level as well as strengthening the relationship and enhancing
cooperation between the central and state levels. Luqman Hj. Abdullah and Muhammad Ikhlas Rosele (2016),
Mohd Kamel Mat Salleh, Mohd Al Adib Samuri et al. (2017) also proposed that legal aspects related to fatwas
should be improved in improving the management of fatwa institutions in Malaysia. There is a need to be examined
on the provisions of fatwa laws such as the explanation of the scope and content of fatwas (Ahmad HidayatBuang
2012) and the provisions of fatwa enforcement (Azman bin Ab Rahman 2011). This proposal is to see that the main
function of issuing fatwas can be effectively implemented and can be utilized by the community.

Muhammad Miziazam (2018) in his article, presented a model of fatwa coordination for the purpose of coordinating
fatwas between the National Fatwa Committee and the State Fatwa Committee using pahang's Shariah Law
Consultative Committee (JPHSNP) as the subject of case study. The idea presented was that JAKIM as secretariat
invited state representatives without involving the State Mufti such as JPHSNP 3 people to be briefed and explained
the justification of a decision issued by JFK. With the understanding that exists because of the information provided,
JPHSNP representatives will present the rationale of a legal decision issued by JFK to the members of the state
meeting. The expected outcome is the understanding and agreement of state committee members on the fatwas
decided by JFK. This model, if implemented properly, will achieve the goal of all parties to see the coordination of
fatwas go well.

The idea of fatwa coordination theory was presented by Lokmanulhakim Hussain (2013) in a paper entitled "Fatwa
Coordination in Malaysia: Reasonableness and Constraints" published as a monograph article by the World Fatwa
Management and Research Institute (INFAD) of The Islamic Science University of Malaysia. He has put forward
the theory of the coordination of fatwas by using the ‫ حكم الحاكم يرفع الفالف‬method, which is 'The decision by the judge
will eliminate disputes'. The selection of this theory is based on the debate on the pros and cons of coordinating
fatwas in the context of requirements in Malaysia. The author refers to al-Qarafi in the book al-Furuq which touched
on this method of "Disputes are fixed in the problems of ijtihadiyyah before it is decided by judges". Where, this
method indicates two things before it can be used which is the issue of ijtihadiyyah and the two judges' decisions in
choosing opinions in the question of ijtihadiyyah will eliminate disagreements. In the situation in Malaysia, this
method can be used as a basis towards the standardization of fatwas in accordance with the consideration of
maslahah andmafsadah something that becomes khilaf among the community. According to him, until now the
theory has not been practiced at the national level, but at the state level it is practiced in deciding any rulings. Hence,
he recommended that this method be practiced at the national level for the benefit of the community. This theory can
revert to the traditional practice of Sunnah scholars, which is the existence of cooperation between the ruler and the
scholars in the context of al-fuqaha') wa al-umara' (al-sultan) in line with the statement of Allah SWT in surah al-
Nisa (59) which commands obedience to the ruler or Ulu al-Amri (Ahmad HidayatBuang 2016).

While writing by Fathullah al-Haq Muhammad Asni (2017) has used al-Syatibi's approach in solving the issue of
fatwa coordination at the state level. Al-Syatibi is a figure who has a lot to say about ijtihad and connects with the
concept of maqasid Syariah as one of the sources in deciding the law. The theory presented by al-Syatibi is needed
to coordinate the difference between fatwas among mujtahids that negatively affect the community. The results
found that the al-Syatibi approach has been adopted in the practice of state-level Islamic religious administration in
Malaysia.

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Minimizing The Inconsistency Between Fatwas

Past scholars have discussed that with the various constraints on the coordination of fatwas in Malaysia, it is
recommended to minimize the inconsistency of fatwas. Legal provisions that vary between states in Malaysia are
among the main obstacles to coordinating fatwas. Therefore, it is recommended to minimize the existence of fatwa
rulings that are not in harmony between state and state and between state and federal. If this can be done, it can
reduce conflicts against the community and reduce the distance between fatwa decisions itself so as not to be too
conflicted with each other. (Ahmad HidayatBuang 2012, MohdNasran Mohamad and ZulfaqarMamat 2015,
Ibrahim, Badruddin et al. 2016, Muhammad IkhlasRosele, LuqmanHj Abdullah et al. 2017, Muhamad Miziazam
Bin Yahya and Ahmad Wifaq bin Mokhtar 2018, Ahmad HidayatBuang 2012).

Based on the findings of MohdNasran Mohamad and ZulfaqarMamat (2015) as well as the experience of the author
as the fatwa research officer, suggestions to minimize the inconsistency of fatwas can be successfully implemented.
This is in line with the current developments and improvements made by JAKIM as JFK's secretariat with states
such as updated fatwa administration management system, planning coordination meetings more frequently, the use
of technology systems in warranting fatwa management work to the community, improving the knowledge and
skills of research officers who provide fatwa papers and so on. These factors will slightly influence the current
movement of fatwa coordination.

Muzakarah Committee Role of National Council for Islamic Religious Affairs In Malaysia
The Muzakarah Committee of the National Council for Islamic Religious Affairs in Malaysia or once known as the
Muzakarah Fatwa Committee of the National Council (MJFK) is an authority body under the National Council for
Islamic Religious Affairs (MKI) established in 1968. This committee is composed by all states in Malaysia which
function as a national fatwa body in dealing with legal issues related to policies, policies, programs, or activities
directly related to the federal government. At the same time, it serves as a national fatwa issuing institution that
drafts, coordinates, and harmonizes fatwa decisions throughout the country (Mohd. Mohadis Yasin 2007, Saadan
Man 2014). This muzakarah is managed faithfully by the Department of Islamic Development Malaysia (JAKIM).

Zulfaqar Mamat and Mohamad Nasran Mohamad (2013) conducted studies on fatwas decided at MJFK and state
fatwa committees from 2000 to 2009 in identifying the similarities and differences of fatwas. The results of the
study were successful in classifying fatwas into three categories namely the first fatwa with the same legal status and
its fatwa status, the two fatwas with the same legal status but differing in legal status and sighah fatwas as well as
discussing the role of MJFK, improvements that need to be made by the MJFK secretariat as well as more proactive
and consistent efforts in ensuring coordination on national issues can be coordinated.

The Conclusion:-
The discussion on fatwa is a topic that continues and on from day to day. This is because the nature of the fatwa
itself exists in line with the development of a society that constantly demands explanation for explanation from the
religious point of view in surfing the ever-expanding life. There are stated fiqh method which means: "Thereis no
denying the change of law due to the change oftime".

‫األحكام بتغ ُّي ِر األزمان‬

ِ ‫ال يُ ْن َك ُر تغ ّي ُر‬

It is clear that the review article on fatwa topic has always come to the attention of the scholars because of the
human need for religious explanation of the actions of horns in their lives. The factors that encourage inconsistency
are also a growing element that certainly has a small or large impact on society itself even to fatwa institutions. The
recommendations submitted by past reviewers are the result of observations and so on the issue of fatwas that can be
considered in minimizing the inconsistency of fatwas in Malaysia.

The authors found that most past reviewers used qualitative methodologies in explaining fatwa issues as well as the
use of interview instruments as theirdata collectionmethods. It was also found that the application of quant itative
methodology lacked a place in the study conducted and this provides an opportunity for future reviewers to use the
method in the question of fatwa coordination in Malaysia.

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