KAEDAH INTERAKSI TURĀTH MAZHAB SHĀFIʿĪ DALAM KEPUTUSAN FATWA OLEH JAWATANKUASA PERUNDINGAN HUKUM SYARAK WILAYAH PERSEKUTUAN DAN PENULISAN PANDUAN HUKUM OLEH PEGAWAI JABATAN MUFTI WILAYAH PERSEKUTUAN

Method of Interaction with the Turāth of the Shāfiʿī School in Fatwa Decisions by the Federal Territories Shariah Law Consultative Committee and Legal Guidance Written by Officers of the Federal Territories Mufti Department

Abstract

The Shāfiʿī school has long served as the dominant reference for Islamic law and fatwas in Malaysia, owing to its deep historical roots in the Malay world since the early arrival of Islam. This article examines how the Federal Territories Mufti Department (Jabatan Mufti Wilayah Persekutuan) engages with the Shāfiʿī turāth in formulating fatwas and legal rulings. Employing a qualitative approach, the study analyses selected fatwas and guidelines issued by JMWP through document and content analysis, supported by relevant scholarly works. The findings reveal that JMWP does not confine itself solely to the muktabar (authoritative) opinions within the Shāfiʿī school. Instead, it adopts a dynamic methodology of tarjīḥ that draws upon the school’s internal diversity, including classical juristic differences and contemporary interpretations. This approach enables JMWP to remain faithful to the Shāfiʿī heritage while ensuring that fatwa decisions address present-day needs and serve the public interest (maṣlaḥah). The study underscores the richness of the Shāfiʿī tradition in providing a range of juristic tools adaptable to evolving contexts. It argues that JMWP’s practice exemplifies a viable model of madhhab-based ijtihād that balances textual fidelity with pragmatic considerations, contributing to ongoing debates on the relevance of Islamic legal schools in the modern Muslim world.