Taqlid of The Syafi’i Mazhab in Malaysia: An Overview in the Context of Maslahah for the Unity of Ummah

Abstract

This article focuses on the issue of taklid and public adherence to a particular mazhab of fiqh, especially the Syafi’i mazhab in Malaysia. In examining the issue, this study uses the method of content analysis by studying the views of usuliyyin (ulama usul fiqah) on the practice of taqlid. Most usuliyyin state that syariah only requires the public to refer to ahl al-zikr (scholars) to get an explanation of the fatwa without being tied to any particular mazhab. The reality in Malaysia shows that most of the jurisprudence laws of the Syafi’i’s mazhab have become a common practice in ritual matters, adapted into the curriculum of basic Islamic education in primary and secondary schools including codified in the Islamic administrative acts and enactments of the states. Therefore, this study shows that the Syafi’i mazhab should be the main guide for the consistent practice of Islamic law among the public. For scholars level, this mazhab may serve as a scientific basis for exploring the fatwa of the various mazhab in order to prepare the current fatwa for Muslims’ interest. Thus, this study found that the public's adherence to the Shafi'i mazhab in Malaysia is preferred to be more effective approach in promoting unity of Muslim society rather than following the fatwa of various mazhab that are difficult to control. For the sake of freedom of following mazhab, this study does not prohibit Muslim scholars from practicing fatwa other than the Syafi'i mazhab as long as they adhere to the ethics of disagreement in harmony.