The Role of Mura'ah al-Khilaf Epistemology in the Standardisation of Fatwa: An Analysis at the Perlis State Mufti Department

Abstract

The concepts of fatwa and ijtihad allow everyone to issue ijtihad. It is supported by the method of fiqh, whereby an \textquoteleft{}ijtihad cannot invalidate another ijtihad\textquoteright{}. This has a significant effect as when many parties issue fatwas, there will be many different fatwas on the same issue that can result in the emergence of fatwas that are non-Shariah-compliant, dangerous, and misguided, which can disrupt harmony in the society. Therefore, this study would like to propose an approach known as the mura'ah al-khilaf method, in resolving the fatwas issued by various parties, especially in the state of Perlis, through the role of the Perlis State Mufti Department. This study's methodology is qualitative, in which the data are collected through library research and field studies. The library research was conducted by examining books, articles, statutes, and related circulars. From the practical aspect, field studies were conducted using an unstructured interview method with two interviewees from the Perlis State Mufti Department. The results showed that the mura'ah al-khilaf method has a significant role in supporting the role of the mufti department as the main reference by all state government bodies and the public in matters of fatwa and religion of Islam. The results also found that the mufti department has a strong fatwa committee composition and fatwa issuance method. Findings revealed that there is legal control over the issuance of fatwas and religious guidelines, which are not to be abused by any parties.