Fatwa as an Authority in Secular Courts of Malaysia

Mohd Kamel Mat Salleh (), Mohd Al Adib Samuri () and Mohd Izhar Ariff Mohd Kashim ()
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Mohd Kamel Mat Salleh: National University of Malaysia
Mohd Al Adib Samuri: National University of Malaysia
Mohd Izhar Ariff Mohd Kashim: National University of Malaysia

No 3605498, Proceedings of International Academic Conferences from International Institute of Social and Economic Sciences

Abstract: Fatwa has been recognized as one of the sources of Islamic law in Malaysia. Fatwa issued by a Mufti's office becomes a reference to the Shariah court on any unresolved disputes and legal issues. Accordingly, the position of fatwa in civil court (a secular court) is called into question as there are many cases that refer to the fatwa ruling in such court. The extent of fatwa and views of mufti as authority in the Malaysian civil court has yet been explored as scope of discussion by many scholars. Thus, this article is a discussion on position of fatwa authority in the ruling of civil courts. This study was conducted using document analysis method on court cases to determine whether the views of mufti and fatwa being issued were really taken as reference and authoritative in the Malaysian civil court. The study found that secular court refers to fatwa in some cases and fatwa does affect the decision of the court ruling. However, in some other cases, the court did not refer to the fatwa ruling despite the availability of relevant fatwa. This study is important not only to reflect the position of fatwa as an authoritative source of law in the judicial system in Malaysia but also the influence of fatwa over the secular civil court.

Keywords: Mufti; fatwa authority; civil court; expert evidence (search for similar items in EconPapers)
Pages: 12 pages
Date: 2016-05
New Economics Papers: this item is included in nep-sea
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Published in Proceedings of the Proceedings of the 23rd International Academic Conference, Venice, May 2016, pages 329-340

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