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The mura’ah al-khilaf and ma’alat method in fatwa decisions: its application for fatwa coordination related to conditional hibah in Malaysia

Fathullah Asni (Faculty of Islamic Studies, Kolej Universiti Islam Perlis, Perlis, Malaysia)
Jasni Sulong (Section of Islamic Studies, School of Humanities, Universiti Sains Malaysia School of Humanities, USM, Malaysia)

International Journal of Islamic and Middle Eastern Finance and Management

ISSN: 1753-8394

Article publication date: 18 January 2021

Issue publication date: 27 July 2021

373

Abstract

Purpose

The purpose of this paper is to study the differences in fatwa amongst official fatwa institutions in Malaysia comprising the State Mufti’s Departments (SMDs), the National Fatwa Committee Muzakarah (NFCM) and the National Bank Shariah Advisory Council (NBSAC) regarding the conditional gift issue and to propose a uniformed fatwa by taking an approach of celebrating views of all the official fatwa institutions involved.

Design/methodology/approach

The methodology used for this study is qualitative; data was collectedthrough library research and field studies.[AQ1] The library research was accomplished by examining books, statutes and related circulars, while field studies were conducted through unstructured interviews with eight Shariah (Sharia) officers and two academicians from SMDs, NFCM, NBSAC and public universities.

Findings

The findings of the study found that the conditional hibah (ruqba and 'umra) is valid as far as gifting is concerned, while the conditions pertaining to it are null and void. The findings also found that the concept of mura’ah al-khilaf and ma’alat al-af’al can be practised by applying conditional hibah to maintain maslahah, as provided under the concept of maqasid al-Shariah. Hence, this study proposed that formal fatwa institutions consisting of SMDs, NFCM and NBSAC issue a comprehensive guideline in contracting conditional hibah by providing an explicit provision on the recognised and different opinions about the said hibah.

Originality/value

The study analyses the differences of opinions of the official fatwa on conditional hibah issued by SMDs, NFCM and NBSAC based on the discipline of usul al-fiqh. It is found that conditional hibah is not allowed in Islamic law. It also found that conditional hibah granted by the NBSAC is not in adherence to the strict permission granted by Islamic law. Therefore, taking into consideration all the fatwas issued by the fatwa bodies, the researchers proposed to celebrate all official fatwas using the method of mura'ah al-khilaf and ma’alat al-af'al.

Keywords

Citation

Asni, F. and Sulong, J. (2021), "The mura’ah al-khilaf and ma’alat method in fatwa decisions: its application for fatwa coordination related to conditional hibah in Malaysia", International Journal of Islamic and Middle Eastern Finance and Management, Vol. 14 No. 4, pp. 641-654. https://doi.org/10.1108/IMEFM-05-2018-0181

Publisher

:

Emerald Publishing Limited

Copyright © 2020, Emerald Publishing Limited

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