What Is a Fatwa? | Jabatan Mufti Negeri Melaka

From the Linguistic Perspective :

The definition of a fatwa linguistically originates from the word afta-ifta'an which means to explain and elucidate the ruling on matters related to religion. A fatwa is given based on the primary sources of Islamic law, namely:

Al-Qur'an
Hadith (the Sunnah of Prophet Muhammad PBUH)
Ijma' (consensus of scholars)
Qiyas (legal analogy)

From the Terminological Perspective :

In terminology, a fatwa has various definitions, among them:

An explanation of the sharia ruling by a Mufti on a religious matter based on sharia evidence as an answer to anyone who asks, whether individually or in a group.
The process of giving an answer either by an individual Mufti or collectively by a Fatwa Committee or Fatwa Council.

From the Legal Perspective :

According to Section 36(9) of the Islamic Religious Administration Enactment (State of Melaka) 2002, any statement made by the Mufti or Fatwa Committee is not considered a fatwa unless it is published in the gazette.

Scope of Fatwa

Issues or problems that arise in society whose rulings are not yet clear
Differing opinions among scholars that require tarjih (choosing the stronger opinion).
Issues that have been the subject of fatwas in other countries which need to be adapted to local conditions.
National or global issues related to the interests of the Muslim community.

Primary Sources

Al-Qur'an

Primary reference in issuing rulings.

Hadith (the Sunnah of Prophet Muhammad PBUH)

A source that supports and explains the Qur'an.

Ijma'

Consensus of scholars.

Qiyas

Legal analogy based on evidence.

Brief Note

A fatwa is an authoritative answer based on sharia evidence. To be recognized as an official fatwa in certain legal contexts, it must be published or recognized according to local regulations.

Number of Primary Sources

Legal Reference

Section 36(9)

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