Issuance Of Fatwa Research Articles

The Methodology of Fatwa Issuance and the Impact of the School of Thought (Madhhab) on Fatwas by the North Sumatra MUI

The Methodology of Fatwa Issuance and the Impact of the School of Thought (Madhhab) on Fatwas by the North Sumatra MUI

The Problem of Religious Guidance among Indian Muslims: A Forward-Thinking Proposal

The Indian Muslim community faces a paradox, marked by the presence of religious leaders without a clear path forward. The article identifies a lack of guidance, particularly in matters of faith, as numerous Ulema offer conflicting fatwas, stemming from a flawed Ifta methodology. Tracing the historical evolution of fatwa issuance, the 19th-century shift in India, influenced by the East India Company's trade-focused policies, led to an abundance of independent Ulema. This article explores the historical evolution of Ifta in Islam, with a focus on India. It reviews the transition to formal fatwa institutions, compares practices across regions, and proposes centralizing fatwa authority through a high central council in India, offering recommendations for reform. The absence of a centralized authority for fatwa issuance in India results in a chaotic scenario.To address this, the author proposes a structured solution: establishing a high central council of diverse Ulema and intellectuals. This council would delegate responsibilities for religious and social issues to ensure uniformity in fatwa decisions nationally. However, the article underscores that councils alone are ineffective without legal enforcement authority. This article will show: 1) Abundance of Guidance and Contradictory Fatwas; 2) Evolution of Fatwa Issuance in Islamic History; 3) Current State of Fatwa Issuance and Recommendations for Reform. Additionally, it advocates reevaluating the concepts of 'Dar al-Islam' and 'Dar al-Harb' in the context of India's identity. The author suggests a Parliament-recognized Council to issue fatwas, aligning with democratic principles and reflecting shared ownership among India's diverse Muslim population.

MANAGING THE HALAL FOOD RELATED ISSUES IN THE HALAL FOOD CERTIFICATION PROCESS BASED ON THE CONCEPT OF SADD AL-DHARAI'

Background and Purpose: Sadd al-dharai' is a secondary source in Islamic law where it means blocking the means. Sadd al-dharai' is essential for Muslim jurists to deal with the Shariah issues particularly in the halal food industry. This is because the area of the halal food industry has expanded and industrialized to accommodate the demand of the Muslim society that keeps increasing year on year. In this regard, the halal-related issues are getting complex and need Shariah clarification since many new food processing involving critical ingredients, equipment, and multi-process which require meticulous Shariah observation on this matter. Therefore, this study aims to investigate the extent to which the employment of the sadd al-dharai' as a credible tool adopted by Muslim jurist in dealing with the halal-related issues triggered in the halal food supply chain stage based on the halal certification process.
 
 Methodology: This reviewed paper is a qualitative research study in nature where document analysis employed in this study to collect the data. The Malaysian fatwas, books, articles either in the form of physical or online were gathered to answer the objective of the study. The data collected mostly from the years of 2010 until 2020 unless the related fatwas where the fatwas are subject to its issuance year and suitability. The researchers used several keywords alternatively like ‘sadd al-dharai' in halal industry’, ‘fatwa and halal certification’, ‘food industry and Islamic law’ to find out relevant articles related to this discussion on the needs to investigate the employment of sadd al-dharai' in dealing with the halal-related issues triggered in the halal food supply chain stage based on the halal certification process. This study further simultaneously adopted the content analysis technique where the data was manually analysed and divided into four major themes based on the objective of the study. 
 
 Findings: The study has indicated that sadd al-dharai' has its peculiar function in many aspects of the Malaysia halal certification process in Malaysia, and it could be viewed based on the two approaches, namely the establishment of the halal regulatory framework and the fatwa issuance. The principle of preventing the negative aspects must take precedence, in accordance with the rule “dar’u al mafasid muqaddam ‘ala jalb al-mashalih” by adopting several preventive actions is very significant in ensuring the halal food products reach the consumers are halalan tayyibban.
 
 Contributions: This study suggests that the Muslim jurists need to take into consideration the sadd al-dharai‘ as one of the sources of Shariah in ensuring the management of the halal certification process is efficient and in line with maqasid al-Shariah. Besides, Muslim consumers could also access halal food products that are free from harmful elements.
 
 Keywords: Halal certification, halal food, sadd al-dharai', food safety, food ingredients.
 
 Cite as: Ruzulan, Z., Mana, B., Tumiran, M. A., & Jamaludin, M. A. (2023). Managing the halal food related issues in the halal food certification process based on the concept of sadd al-dharai'. Journal of Nusantara Studies, 8(1), 429-445. http://dx.doi.org/10.24200/jonus.vol8iss1pp429-445

Fatwa Issuance in the Islamic Law: The Specific of Implementation under the Conditions of the Chechen Republic (History and Modernity)

The scientific article is devoted to the analysis of fatwa-issuance procedure, characteristic of the Muslim legal system. The article also provides the concept of fatwa and the requirements for the status of a fatwa-issuer. The scientific analysis is based on the Holy Quran and the Sunnah of the Prophet Muhammad (peace and blessings be upon him), as well as the basic four religious and legal schools of Islamic fiqh (madhhabs). In addition, the fatwa-issuing activity in the conditions of historical Chechnya is considered on the example of qadi’s theological activity from Shalinsky district, Sheikh Sugaip-mullah. Areligious figure who issues a fatwa must comply with a number of conditions and requirements. In conclusion, the article notes that issuing fatwa (fatwa-issuance) is a very serious and responsible procedure and mission that must be carried out based on the fundamental sources of the Muslim law and the achievements of the religious and the legal schools (madhhabs). A person who issues a fatwa (fatwa issuer) must meet very high standards. Ignorance, and especially in religious matters, gives seeds producing sprouts of confusion and ignorance (fitnah).

Knowledge, Attitudes, and Behaviors of Imams on Prostate Cancer in Kahramanmaras, Turkey.

Imams are Muslim religious leaders in Turkey, who have a significant influence on society's healthcare attitudes and behavior, and all of them are male. In this study, it is aimed to investigate the knowledge and attitudes of Imams toward prostate cancer (PCa) in order to evaluate their contribution to the fight against PCa in one part of Turkey. This study was carried out on 287 Imams serving in Kahramanmaraş Province in Turkey. A questionnaire investigating the sociodemographic characteristics of the participants and their knowledge, attitudes, and behaviors on PCa was conducted. The mean age of Imams was 40.46 ± 8.93 (min = 22, max = 60). Of the participants, 266 (92.7%) said they had heard of PCa, and 16 (5.6%) had heard of the prostate-specific antigen (PSA) test. The majority of Imam's had poor knowledge regarding PCa. The knowledge score of Imams did not change according to marital status (p = 0.304) or education level (p = 0.16), but the knowledge score significantly increased with age groups (as age increased) (p = 0.010). Results of the present study revealed that Imams lack significant knowledge on PCa. Training on PCa should be organized for Imams, and the issuance of fatwa for PCa should be encouraged. The coordinated work of media, medical personnel, religious officials, and religious schools on PCa will be an important factor in the fight against PCa.

Integrating Wasthiyah Paradigm to the Issuance of COVID-19 Fatwa; Indonesia Case

<em>This article aims to integrate the wasathiyah paradigm of the Majelis Ulama Indonesia (MUI) fatwa product and the reality of religious social issues in the midst of the pandemic coronavirus disease 2019 (COVID-19). This article adopts the normative-sociological approach. This article found that MUI fatwa products acted on strong aspects of moderation (wasathiyah), not just issuing fatwas. Various aspects of considerations (al-muwazanat) in fatwa products are marked by revealing strict arguments by expressing the opinions of the Qur'an, sunna, ijma, qiyas, the opinion of the Imam of the school and credible scholars and the views of other experts who support the issuance of fatwa in accordance with the needs of Muslims. The Washatiyah paradigm of MUI fatwa product is not influenced by political interests. It is in accordance with the maqashid al-shari'ah. The paradigm of MUI fatwa was reflected when recommending to Muslims to support and obey the government.</em>

AN OVERVIEW OF SELECTED MASLAHAH BASED FATWAS RELATING TO FAMILY LAW ISSUES IN MALAYSIA

Islamic law is primarily based on the Qur’an and the Sunnah of the Prophet (s.a.w). Due to the changes in place and time, there are occasions where new cases may not have clear and direct principles from the Qur’an and the Sunnah of the Prophet (s.a.w). Accordingly, solutions for new cases require the exercise of ijtihad and application of fatwa in establishing new rulings. This study deals with selected maslahah based fatwas on issues relating to family law in Malaysia. The study is undertaken in order to provide an overview on the issuance of maslahah based fatwa relating to family law issues, so that sound new rulings could be established for the benefit of the whole nation. Focus is made on fatwas that have been issued relating to child marriages, legitimacy of children and ascription of paternity, jointly acquired property and suckling relationships. In Malaysia, family matters fall under the jurisdiction of the state. Therefore, if a new case arises and it requires a legal opinion, a State based fatwa will be issued. The study adopts a qualitative research methodology based on available library-based materials. State fatwas are also referred to and examined. Finally, the article suggests improvements to the exercise of ijtihad and the issuance of fatwa in Malaysia.

Analysis of Implementation Standards of Sharia Minimum Services in the Hospital: Case Study at Sari Asih Sangiang Hospital 2018

The development of sharia-based hospitals in Indonesia began with the Indonesian Islamic Health Effort Assembly (MUKISI) in collaboration with the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) with the issuance of fatwa No. 107 / DSN-MUI / X / 2016 concerning Guidelines for Implementing Hospitals Based on Sharia Principles. One of them is Sari Asih Sangiang Hospital (RSSA) in the city of Tangerang, which has received sharia certification since 2018. Sharia hospitals guideline regulates Sharia Minimal Service Standards (SPM). The SPM contains regulations of reciting basmalah before procedures, hijab for patients and breastfeeding mother, mandatory training for patient's fiqh, Islamic education, gender-based ECG usage, using of hijab in the operating room, and scheduling elective surgery which not constrained by prayer times. This study uses a qualitative approach through report document review on the implementation of sharia quality indicators. The indicator format is determined by checklist, survey, medical record document; daily, monthly, and annual census recapitulation; secondary data from previous research, related literature, and in-depth interviews with correspondent criteria who responsible for implementing Sharia Quality at Sari Asih Sangiang Hospital. The results show that Sari Asih Sangiang Hospital has implemented Sharia SPM optimally, whose implementation refers to the standards and guidelines for the implementation of sharia hospitals issued by the DSN-MUI but is still constrained with the data recording problem. We suggest to put forward the need for coaching and training in Human Resources, and data recording should be done more regularly in order to maximize achievement targets.

Hadis Sebagai Sumber Rujukan dan Ambilan Hukum bagi Jawatankuasa Fatwa Negeri Perlis: Kedudukan dan Aplikasi

State Fatwa Committee of Perlis is one of fatwa (formal ruling) institutions in Malaysia. The committe is responsible in issuing any fatwa relating to Islamic affairs in Perlis. State Fatwa Committee of Perlis has its own speciality in terms of reference and source in issuing any fatwa. The Quran and hadith are made as the foundational sources in issuing fatwa compared to madhhabi approach practiced by another fatwa institution in Malaysia. This is based on the provision under Section 54 (1) of Perlis Islamic Administration Enactment 2006, which stated that the Quran and Hadis as the main sources in issuing fatwa by State Fatwa Committee of Perlis. A similar fatwa entitled “Keputusan Fatwa Mengenai Ahli Sunnah Wa al-jama’ah” (Issuance Fatwa related to Ahli Sunnah Wal Jamaah)” issued by State Fatwa Committee of Perlis also recognized hadith as the main reference and source to Perlis Fatwa Department. However, there is no detail explanation in the enactment as well as the above fatwa about the meaning of hadith and its application by State Fatwa Committee of Perlis. This study has been carried out in order to observe the interpretation of the ṣaḥīḥ, mursal and ḍa’īf hadith based on the State Fatwa Committee of Perlis’s perspective and practice. This study also highlights the method used by the State Fatwa Committee of Perlis in applying the hadith in issuance of a fatwa. In collecting data, this qualitative study employs the method of literature review and interview. To summarize the study, three types of hadith namely ṣaḥīḥ (including ḥasan), mursal and ḍa’īf were applied by State Fatwa Committee of Perlis. While the application of a hadith in the fatwa issuance process, the committee try to apply literal meaning of hadith ahead of other methods of interpretation.

Fatwas and Democracy: Majelis Ulama Indonesia (MUI, Indonesian Ulema Council) and Rising Conservatism in Indonesian Islam

AbstractThe role of Majelis Ulama Indonesia (Indonesian Ulema Council) in influencing the construction of democracy through its fatwas has fluctuated since its establishment in 1975. During the Suharto regime, which was characterised by authoritarian national leadership, MUI fatwas tended to serve the interests of the regime. Since the reform era, they have stimulated undemocratic circumstances in Indonesian Islam. This article examines MUI fatwas and their influence on democracy in the context of Indonesian Islam. The main argument of this article is that fatwas in themselves can improve or worsen the implementation of democracy. Fatwas may impede democracy if their contents are not aligned with democratic principles, while they may support the development of democracy if their contents promote democracy. Rising conservatism in Indonesia has been influenced by the issuance of fatwas that do not promote democratic values. In addition to examining the roles of fatwa givers and the methodology of fatwa issuance, this article analyses the social and political circumstances driving their issuance. This article presents examples of MUI fatwas that have democratic and undemocratic characteristics. It concludes that democratic circumstances can be achieved through opening spaces for fatwa issuance among additional fatwa institutions in Indonesia, as the monopolisation of fatwa issuance has created undemocratic tendencies in Indonesian Islam.

Studi Fatwa Nahdlatul Ulama (NU) No. 005/MNU-33/VIII/2015 Tentang Hukum Alih Fungsi Lahan Perspektif Maslahah

This paper highlights that Nahdlatul Ulama (NU), Indonesia’s largest Muslim organizations,contributes its basic principles to food sovereigntyover the country. One of the national contributions is demonstrated throughthe fatwa No. 005/MNU-33/VIII/2015 in Bahtsul Masa’il ad-Diniyyah al-Waqi’iyyah point VII on Land Use Conversion Lawissued when holding the 33rd NU national congress (muktamar) in Jombang, East Java.The fatwa issuance denotes an alternative to enhance Indonesia’s food sovereignty. This present study aims to investigate the Islamic edict concerning land use conversion law in the perspective of maslahah (public interests/benefits). A qualitative approach was employed in this library research. The fatwa No. 005/MNU-33/VIII/2015 in Bahtsul Masa’il ad-Diniyyah al-Waqi’iyyah point VII on Land Use Conversion Law was used as the primary data. The study applies the theory of maslahah to analyze the data. The finding promotes that the law argument over the haram aspect of the land use conversion in the fatwa indicates the existence of maslahah and the prevention of darar (harm conditions) due to the land conversion.

BPJS Kesehatan dalam Perspektif Hukum Islam (Studi Fatwa Majelis Ulama Indonesia dan Fatwa Nahdlatul Ulama)

This paper elaborates the fatwa of the Healthcare and Social Security Agency (BPJS Kesehatan) issued by the Indonesian Ulema Council (MUI) and Nahdlatul Ulama (NU), Indonesia’s largest Muslim organization. The MUI and NU declared their own fatwa on BPJS Kesehatan. The MUI labeled that BPJS Kesehatan contravened Islamic law, whereas the NU promoted that the national health insurance aligns with the law. These two fatwas trigger polemic in the country. A qualitative study was designed by employing usul al-fiqh (Islamic jurisprudence) and sociological approaches. The study used documentation and interviews to collect data concerning the MUI and NU fatwas on BPJS Kesehatan. The interactive model of Miles & Huberman was adopted to analyze the data. The results reveal that the issuance of the MUI and NU contradictory fatwas against BPJS Kesehatan was due to the use of different Islamic sources (dalil) and overlooks in drafting the edicts. The MUI emphasized more on several elements involved in the health insurance that were inconsistent with sharia law such as riba (interest), gharar (uncertainty), and maisir (gambling). Conversely, the NU highlighted a formal aspect stipulating that BPJS Kesehatan represented a social agency that benefited lots of people. This study also points out that some factors causing the variety of fatwas on BPJS Kesehatan between the MUI and NU covered the understanding and application of the dalil in relation to the edict formulation and the influence of socio-political atmospheres at the time of fatwa issuance.

Supremacy of Shari’ah in the Islamic Finance Industry: Comparative Observations from Selected Jurisdictions

Today, the Islamic finance industry has made an impactful presence in many jurisdictions all over the world. It attracts practitioners and customers alike from both Muslims and non-Muslims. In essense, it is common knowledge that the principle of Islamic law (Shari’ah) is the supreme source of reference in an industry such as Islamic finance. Shari’ah is the true essence that makes up the Islamic finance industry. This paper examines the real-world legal framework of selected jurisdictions of Malaysia, Saudi Arabia, Pakistan and Sudan on how the rule provides for the supremacy of Shari’ah. This study involved three main components of Islamic finance: the ruler in the state administration, the Shari’ah scholar of the fatwa issuance body and the judge within the judiciary. Engaging in library-based research of data sources, this paper adopts the socio-legal research approach in analyzing how the local laws provide for the supremacy of Shari’ah within the chosen selected jurisdictions. The research found that albeit it is advocated that Shari’ah is the supreme source of reference in Islamic finance matters, the legal rules do not always provide for such position in express terms. In fact, few jurisdictions expressly provided that the main source of reference would be the local laws, instead of the Shari’ah. Hopefully this paper would contribute to the improvement in the policy making process of the selected jurisdictions with regards to the supremacy of Shari’ah in the Islamic finance industry.

Characteristics of no-scalpel vasectomy patients in Jakarta, Indonesia

Background: This study aims to learn the demographic and surgical characteristics of patients who underwent no-scalpel vasectomy in Indonesia and to compare patient’s demographic characteristics before and after legal pronouncement/fatwa issued by Indonesia Ulema Council in July 2012. Methods: This is a retrospective study that collected data from the vasectomy medical records of patients who underwent no-scalpel vasectomy between January 2010 and May 2017. A total of 1497 patients were included in this study. Results: The study found that patients’ age of 40-49 years old (42.8%), wives’ age of ≥ 35 years old (65.0%), having three children (34.3%), being Moslem (85.8%), high school graduated for patients (32.3%) and junior high school graduated for patients’ wives (25.7%), casual laborer (40.7%), and guided by family planning program officer (40.6%) were the most frequent characteristics found in patients undergoing no-scalpel vasectomy. There was a significant difference in certain characteristics before and after fatwa issuance, namely wives’ age, number of children, religion, patients’ and wives’ educational background and the person who guided patients to undergo vasectomy procedure. All no-scalpel vasectomy procedures were done using “Dr. Li’s three finger technique” with local infiltration anesthesia; the median length of procedure was 10 (7 – 90) minutes. This study also found that surgeon felt that more than 95% patients were easy to perform no-scalpel vasectomy procedure and this procedure had low complication rate. Conclusions: Even though there were significant proportional difference in some characteristics, this study considers that the fatwa was not the only factor that affected patients’ choice of no-scalpel vasectomy.

Terrorism, Banditry and Hirabah: Advancing New Shariah Perspectives

Hirabah is the nearest Shariah legal concept to terrorism. Modern technological change, however, has altered the nature of this crime so much that corresponding adjustments in the law of hirabah are inevitable. Remote control devices, precision device-timing, vastly destructive weapons, and even suicide bombings were not considered by early Muslim jurists in their scholastic articulations of hirabah. The Qur’anic conception of this crime, on the other hand, is broad enough to accommodate the needed adjustments, and which is what this article attempts to do – in other words, to reconnect the fiqh of hirabah to its Qur’anic origins. This is necessary as, in its global reach, the scourge of contemporary terrorism has greatly pained and anguished, not only Muslims, but humanity at large. The nature of the phenomenon before us demands suitable Shariah responses. To facilitate this, we have attempted to comprehend contemporary terrorism in its own terms. The discussion therefore begins by defining terrorism and hirabah. A review of the principal Qur’anic verse on hirabah is presented at the outset and then followed by a review and analysis of the fiqh of hirabah in the expositions of the leading schools of Islamic law. Being one of the prescribed hudud crimes, the Qur’an provides a four-fold punishment for hirabah, but while also opening the prospect of repentance and pardon for its perpetrators under certain conditions, and which Muslim scholars have elaborated upon in their deliberations. Yet what they have said in this regard has naturally been bound by the conditions of their own environment and time. This has involved elements of interpretation and speculative ijtihad. In our own attempt to bridge the gap between the fiqhi conception of hirabah and contemporary terrorism, we look into contemporary opinion and research on this phenomenon so as to encapsulate its salient new features. Terrorism has been overshadowed, to some extent, by the clamour generated by the so called ‘clash of civilisations,’ by Islamophobia and by confrontational politics, at the expense of reflective Shariah responses to issues. Muslim scholars have provided some through the issuance of fatwa and scholarly opinion, which we also review in a separate section below. The article ends with a conclusion and set of actionable policy recommendations.

Iftā’ and Fatwa in the Muslim World and the West

In his review of Maha Elkaisy-Friemuth’s Gods and Humans in IslamicThought: Abdul-Jabbār, Ibn Sīna and al-Ghazāli (Abingdon: Routledge,2006), Sajjad Rizvi (2008) identifies three paths proposed by three influentialmedieval thinkers as characterizing the interconnected nature of intellectualinquiry in Islam: Abd al-Jabbar (d. 1025), regarded as representing the kalām tradition, Ibn Sina (d. 1037) of the philosophical orientation, and al-Ghazali(d. 1111) of the Sufi tradition. If Rizvi had accurately added the juridical orjurisprudential dimension to Elkaisy-Friemuth’s perspective, his review wouldhave panoramically captured the essence of Islam’s intellectual tradition. Theelegant book under review, Iftā and Fatwa in the Muslim World and the West,edited by Zulfiqar Ali Shah, has taken care of that major omission in whatmay be described as a virtually all-encompassing look at emerging concernsin iftā’ (formulating a fatwa) and fatwa (issuing a fatwa).The book features an introduction by the editor and eight chapters byscholars in the various foci of the subject covered. The introduction situatesthe book’s subject in a historical context and exposes its indebtedness tothe seminar convened during July 2011 by the International Institute of IslamicThought’s (IIIT) Summer Institute for Scholars, which addressed thistopic. The editor attributes the emergence of consensus on the chaotic natureof the contemporary processes of both iftā’ and fatwa to the seminar.He then identifies the intellectual skills required for analytical reasoning,as well as the broad general knowledge of the fields relevant to the culturalcontexts of their verdicts, as the strength that characterized the excellentperformance of scholars in fatwa formulation and issuance from the riseof the Abbasids in 750 to the fall of Andalusia in 1492. Conversely, contemporaryknowledge is fragmented into specializations and sub-specializations,all of which can hardly be mastered by one scholar or group ofscholars. The editor, who engages critically with various issues and concernsinvolved in the contemporary formulation and issuance of fatwa, alsoprovides a brief description of each chapter’s subject. However, the wordal-fiqh al-istidlālī (demonstrative fiqh) is wrongly rendered as fiqh alistighlālī(p. 10) ...

Moderation in Fatwa and Ijtihad: Juristic and Historical Perspectives

This article jointly explores the various dimensions of fatwa and ijtihad, notwithstanding the former being our main theme. The two are explored together as there are many commonalities between them, the source evidence concerning the one often also relating to the other. The discussion begins with a comparative note on fatwa and ijtihad (independent reasoning), which is then followed by an expounding of the characteristic features of fatwa and its relevant procedures. Modern developments concerning fatwa issuance procedures are the subject of another section. These developments have led to a certain amount of bureaucratisation of fatwa, which has both its advantages and disadvantages. These are also explored and then followed by an overview of fatwa-related developments in Malaysia. The remainder of the article discusses the importance of observing moderation (wasatiyyah) in fatwa and ijtihad, which tends in many ways to characterise the typical Islamic advice and approach on these subjects. The article concludes with a set of actionable recommendations.

Moderation in Fatwa and Ijtihad : Juristic and Historical Perspectives

This article jointly explores the various dimensions of fatwa and ijtihad, notwithstanding the former being our main theme. The two are explored together as there are many commonalities between them, the source evidence concerning the one often also relating to the other. The discussion begins with a comparative note on fatwa and ijtihad (independent reasoning), which is then followed by an expounding of the characteristic features of fatwa and its relevant procedures. Modern developments concerning fatwa issuance procedures are the subject of another section. These developments have led to a certain amount of bureaucratisation of fatwa, which has both its advantages and disadvantages. These are also explored and then followed by an overview of fatwa-related developments in Malaysia. The remainder of the article discusses the importance of observing moderation (wasatiyyah) in fatwa and ijtihad, which tends in many ways to characterise the typical Islamic advice and approach on these subjects. The article concludes with a set of actionable recommendations.

Beyond Text

The study of Islamic juridical pronouncements (fatwas) has come to occupy a prominent position in the field of Islamic Studies. These works on fatwas, though deeply insightful, are characterized by a text-centric approach. The text of the fatwa is seen as standing in a virtually sanitized environment free from the complexities of form, process, context and language. Challenging this bias in scholarship on fatwas, I argue for a broadening of the traditional text-centered approach to fatwa analysis by highlighting the importance of examining the fatwa issuance process as well as the broader context of fatwas that is jointly constructed and negotiated during the fatwa issuance process by the jurisconsult (mufti) and the questioner (mustafti). I substantiate my arguments by drawing on theories of language, works on the interview and writings on context and embodiment. To elucidate the significance of my propositions and recommendations, I supplement my discussions with examples from the field, including my own ethnographic work. As this article asserts, the merits of this approach to fatwa analysis include a drastic widening of the scope in which a particular fatwa can be understood and interpreted.

Shari’ah supervision in the Yemeni Islamic banks: a qualitative survey

Purpose – The purpose of this study is mainly to comprehensively investigate the current practices of Islamic banks’ Shari’ah supervisory boards in the specific context of Yemen. Design/methodology/approach – The study uses a qualitative approach in the form of in-depth interviews of a number of Shari’ah scholars active within the Yemeni Islamic banks. Findings – The findings support the notion that Islamic banking still lacks regulations and standards, as the Yemeni Islamic banks are still following the minimum requirements and only apply the compulsory standards. Another key finding is that Islamic banks in Yemen apply similar principles in Fatwa issuance and Shari’ah compliance assurance, especially in referring to the different Madzhabs’ and scholars’ opinions because of the sensitivity of Yemeni community with regards to the Shari’ah compliance aspect. Finally, the procedure of Shari’ah review of the Islamic banks’ operations varied from the typical set of procedures to the loose ones in terms of the number of staff in the Shari’ah audit department and the application of a comprehensive survey or sampling to review the banks’ transactions. Originality/value – This study provides some valuable recommendations to further enhance the Shari’ah supervisory practices not only in Yemen but also in similar settings.