1*M.M.A. Abdullah, 2S.M.M. Mazahir
1,2Department of Islamic Studies, South Eastern University of Sri Lanka
DOI:10.55559/sjaes.v1i02.10 | Received: 07.04.2022 | Accepted: 09.04.2022 | Published: 15.04.2022
ABSTRACT
Talking about fatwas in contemporary situations is both crucial and accurate. Crucial because it is a slander to the people in the religion of God and accurate because it needs an accurate methodology that no one can do unless they qualify and train for it. Thus, this study attempts to address a sound legal theory of issuing fatwa under Islamic law during the covid-19 pandemic based on qualitative methods by adopting content data analysis. The findings reveal that the expertise for issuing the fatwa, its unification, the proper understanding of the nature of the calamity, consideration of Maqāṣid al-Shari’ah, and considering Ma’alat are the major concerns that have a significant amount of impact in this regard. Hence, the study would provide a clear guideline on the role of fatwa and Mufti in contemporary Muslim society, especially in the covid-19 pandemic.
Keywords: Fatwa, Ifta', Covid-19, Pandemic, Law, Islam
JEL Classification: Z12; K19.
In general, a fatwa is a legal opinion issued by any Muslim jurist (Mufti) on particular Islamic law rulings. In principle, a fatwa clarifies any issue that arises in Muslim society. This shows that fatwa and mufti are two important methods for delivering legal guidance within the Shari'ah (Islamic law) framework that governs Muslims in their everyday routines. This is because, while fatwas are not legally enforceable when they are issued, they have a huge impact on modern society because they provide guidelines and norms to follow (Ibrahim et al., 2015).
Fatwa occupies a great status, evidenced by legal texts. The Almighty says, "And they request from you, [O Muhammad], a [legal] ruling concerning women. Say, "God gives you a ruling about them" (Al-Qur'an 4:127). Likewise, the Prophet (PHUB) also encouraged his companions to seek explanations whenever they came across new cases, such as the man who suffered a head injury and had wet dreams (ihtilam) and was subsequently forced by someone to do ritual ablution (ightisal), causing him to grow rigid and stiff, and eventually die. "They have killed him; may Allah kill them. Is not a cure for lack of knowledge to ask a question?" the Prophet replied when he was notified of the occurrence (Sunan Abi Dawood, 336).
Furber (2013, p.1) defines a fatwa as "a non-binding legal opinion offered by an individual (known as a mufti) who has been trained to apply Islamic law to individual cases and then authorized by other muftis to do so. Accordingly, when a mufti (fatwa-maker) is posed a question by a mustafti (asker or fatwa-seeker), he utilizes the fatwa-making process to issue a fatwa (Khairuldin et al., 2019). Because fatwa-making refers to the fatwa, which is an important tool in determining the law and seeking a solution to a problem in Islam, precise guidelines have been assigned (Khairuldin & Ibrahim, 2017). According to Hassan & Khairuldin (2020), the fatwa-making process is divided into four levels: al-taswir (problem visualization), al-takyif (problem adaptation), al-hukm (legal explanation), and al-ifta' (fatwa determination). The description of this fatwa-making process is shown in Figure 1:
Figure 1: Stages of Fatwa-making Process
Source: Hassan & Khairuldin (2020)
The material of fatwas has historically been used to construct substantive areas of Islamic law. Because fatwas are the 'atomic' components of this law, they reveal a great deal about its anatomy. There were no codified laws to guide people in their religious and social concerns in the early stages of Islamic history; instead, Muslims received guidance on their religious practices by posing their concerns to early proto-jurists in the form of religion-legal questions (istifta'), which these proto-jurists answered in the form of fatwas. Islamic legal manuals began to be created due to the critical mass of fatwas, and a definite corpus of Islamic law emerged (Awass, 2014).
In Muslim society, fatwas and muftis play key roles. If no one is entrusted with issuing fatwas, society will collapse into anarchy to the point where people will be unable to distinguish between permissible and prohibited behavior. What is permissible may become prohibited in such a scenario, while what is prohibited may become permissible. As a result, fatwas and muftis are required in order to meet society's religious needs (Ibrahim et al., 2015).
Because fatwas issued to individuals, collectives, and institutions are not binding on the mustaftî, there may be differences of opinion between places due to variances in environments, customs, and benefits demanded (Izmuddin, 2018). Hence, this study attempts to find out some guidelines for issuing a fatwa that could be adhered to during the covid-19 pandemic.
The emergence of new circumstances cannot be avoided since human life evolves with time and progress. Despite the fact that Muslims inherit a huge amount of information and knowledge written by jurists, these works are unable to provide answers and solutions to all unfamiliar circumstances. This is where the institution of fatwa plays its vital role; as long as human existence continues to change and transform, and Shari'ah is relevant and compatible with every location and time, fatwa requests will never cease (Al-Duski, 2007).
The purpose of this study is to identify the reforms and elements of integration in fatwa
during covid-19, in which the result of a fatwa being issued is strong, standard, and problem-solving and brings maslaha (public interest).
This research acquired data on the fatwa-making process, which was subsequently examined using the content analysis method. The data collecting method in the form of documentation is accurate due to the textual character of data in documents related to fatwa-making. Indeed, this research was limited to a concept discussion. To acquire precise textual results, this study used the content analysis method.
In order to consider the developments in general and the emerging coronavirus in particular, a methodology must be followed to reach a correct Shari'ah ruling. Among the most important of these attractions are:
In Islam, the mufti is the highest and most revered religious law official. After the Prophet Muhammad's (peace be upon him) death, "mufti" became a reference for Muslims (Al-Shatibi, 2004). According to Islamic Scholars, Muftis are individuals who preach or relay Allah S.W.T's laws (hukm) due to their in-depth understanding of the postulates of Islamic law (Subri et al., 2017). Most scholars put the conditions to become a mufti as follows: a Muslim, puberty and maturity (mukallaf), fairness, ijtihad (diligence), and possessing skills and talent (Al-Ashkar, 1976).
Even though individual muftis continue to issue fatwas, the production of Islamic legal expertise is increasingly becoming a collective effort. The institutionalization of collective ijtihad - as the technique is known - has been interpreted as a recognition of the modern world's complexity, in which no single person is capable of mastering all relevant disciplines of knowledge. It's also occasionally presented as a pragmatic reaction to the current scarcity of absolute mujtahids (Caeiro, 2011). The institutionalization of collective fatwa bodies can thus be considered one of the techniques by which the 'ulama (Islamic scholars) have endeavored to remain relevant in the face of modern problems (Zaman, 2002).
According to Ibn Qayyim al-Jawziyya (2002), the mufti's position is similar to that of a minister (wazir). Thus, the privilege of being nominated by the king as a minister is confirmed, and his status is well-known, as his position is one of the highest. The post appointed by Allah the Almighty has the same privileges as the one appointed by the Lawgiver, i.e., Allah's messenger.
In terms of religious beliefs, worship, social life, economic activity, legislation, litigation, and the law, Muslims' lives and personalities are simple and straightforward. Fatwa is a permanent institution that will guide and encourage the growth of Muslim life. The perfect technique of fatwa, which is founded on the Quran and the Sunnah, as well as the correct norms of derivation, will have the positive consequence of safeguarding Muslim identity. This process will continue to keep the heart of Muslim society free of corruption and depravity (Al-Mallah, 2009).
Fatwa unification efforts have been ongoing since the time of the Sahaba. Ibnu Mas'ud, for example, had followed 'Uthman's (the then Caliph) ijtihad and abandoned his own (Asni et al., 2019). Abu Bakar's ijtihad had been reinforced by Umar al-Khattab (Al-Jawziyya, 2002). In this sense, one technique of unification is to respect authoritative leaders as well as those who are more knowledgeable. Even though they all had their own opinions, some of the Sahaba appreciated and celebrated the beliefs of pious Sahaba, who lived during the same period as them (Asni & Sulong, 2016).
A similar notion was used during the Tabi'in and Tabi' Tabi'in periods when the most authoritative viewpoints were adopted and considered official fatwas to prevent khilaf (Islamic scholarly religious disagreement). During the Abbasid period, for example, the Secretary of State, 'Abd Allah ibn al-Muqaffa,' suggested to the Caliph Abu Ja'far al-Mansur that the book of al-Muwatta,' written by Imam Malik, be designated as the representation of the government's main view and that Imam Malik's ijtihad be formulated as a standard code of law (Asni, 2018).
Similarly, Caliph al-Mahdi and Caliph al-Rashid aspired to use the Maliki madhab's teachings as a source of authority. The government of Harun al-Rashid had nominated Abu Yusof as its chief judge, and the book of al-Kharaj had been designated as the primary source of information (Asni et al., 2019). Following that, various fatwa and fiqh works were utilized as references and regulations in countries like the Bani Abbasid Empire, with Mawardi's al-Ahkam al-Sultaniyyah serving as an official reference (Al-Muhamid, 2001). Standardization took place in terms of reference sources and terms of madhab flow. Khadive Muhammad Ali Pasha, for example, was only appointed mufti from the Hanafi sect throughout the Ottoman Empire time (Asni et al., 2019).
The effort to standardize fatwas did not end there. The fuqaha' and administrators must also comprehend the process of Istinbāṭ (power of decision making of Islamic law), which is based on the exact and standard rules of Shari'ah, in order for the result of ijtihad to be the same. As a result, 'Abd al-Rahman bin Mahdi proposed to Al-Syafi'i that he produce a book detailing how legal judgments are issued. This is intended to outline standard procedures based on references to Shari'ah rules, resulting in the issuance of standard legal judgments (Asni et al., 2019). Furthermore, the imams of the four madhabs have implicitly pushed the uniformity of fatwa by informing the ummah to prioritize the strength of dalil (evidence) (Dehlawi, 2005).
In this context, regardless of the madhab's origin, fatwa can be unified by emphasizing the strengths of dalil and accomplishing maslaha and maqasid. This is based on the maslaha argument that it makes it easier for the Qazi and Muslim community to understand the laws of Shari'ah, eliminate ruling errors, unifies the nation's fatwa by using the most rajih hokum (and avoids the drawbacks of dispute (Jasim, 2017). Under the principle of al-Siyasah al-Shar'iyyah, the ruler has jurisdiction over the unification of fatwa decisions. When a leader establishes a law, the society is obligated to follow it (Al-Qur'an, 4:59).
Accordingly, Asni (2018) concludes that the decision to issue a standardization fatwa and form an ijtihad union is significant because it emphasizes Islam's values of justice and equality. Thus, Istinbāṭ and ijtihad efforts should be carried out in a systematic, consistent, and in accordance with knowledge epistemology criteria, whether from the point of passage proof or academic of mujtahid and the mufti. It also includes manners, which jurists have highlighted in different opinions while issuing a fatwa (mura'ah al-khilaf). The right fatwa (rajih) solves the problem, provides benefit, prevents harm, and does not produce other issues. By its meaning, a fatwa should be uniform and aligned in its meaning since the benefits and aims of the Shari'ah are one, equal, and similar, especially when they are practiced simultaneously.
Contemporary Shari'ah applications in any particular Muslim society or legal policy necessitate a technique that reflects Shari'ah's universality and adaptability to changing conditions. Any such application or policy would be counterproductive without the components of the Shari'ah relevant to adapting varied surroundings and cultures, or in other words, the dimensions of history and geography of the people. This is because it would imperil Shari'ah's own set of values and principles, such as justice, wisdom, kindness, and the common good (Auda, 2011).
The Change in the fatwa, according to Al-Qaraḍāwī (2009), can occur due to 10 factors, including time, place, condition, habit, information, human need, social economy, and politics. Thus, one cannot complain about a change in a particular issue's ruling due to a change in these factors. The term "rulings" refers to decisions made based on customs and traditions, masalih mursalah (public interests), istihsan (jurisprudential preference), or other secondary evidence.
Ibn al-Qayyim Al-Jawziyya (2002) illustrates that the rulings are of two kinds. [The first] are those that do not change but remain constant through changes in time, place, and the ijtihad of scholars. The example includes the imposition of obligations and prohibitions. These are not subject to alteration or ijtihad that is in conflict with their prescription. The second type of judgment varies as per the public's interests. The ta'zir (disciplinary action), for example, was administered by the Prophet, which included, in several instances, financial penalties.
Because a fatwa may change over time, place, and circumstances, the foundations of the Shari'ah are the people's interests in terms of their livelihood and the Hereafter. A mujtahid, faqih, or mufti cannot do his duty unless he is knowledgeable of the reality of the times he lives in, as well as contemporary occurrences, political and economic circumstances, and people's manners and livelihoods. As a result, based on the evidence in front of him, he gives a fatwa and applies ijtihad to a specific situation. For this reason, the Prophet's Companions, Tabi'in, and jurists would issue fatwas built on the concept that a fatwa changes with time, place, customs, and conditions (Dar al-Iftaa Al-Missriyyah, n.d.).
On this basis, Umar ibn al-Khattab used ijtihad and sought the counsel of those around him for the issues that were brought before him and he instructed his provincial judges to do the same. As a result, they would apply ijtihad to the issues before them and seek the advice of persons with expertise and judgment. Due to disparities in settings and places, this developed the notion of differences in decisions reached through ijtihad. It was a necessary consequence of Islam's territorial growth, the dispersion of the Companions within it, and the diverse issues and situations that each region faced (Yousuf, 1993).
In this regard, Muhammadiyah, as one of Indonesia's oldest and largest socio-religious organizations, has an intriguing perspective on prayer guidance in emergencies (the case of Covid-19). Disaster Fiqh was compiled by Muhammadiyah and ultimately established a normative foundation in the Covid-19 mitigation. Certain specific fiqh concepts, such as fiqh of worship, are not necessarily ignored by the wider fiqh concept. Guidance for prayer in an emergency is one of the fiqh products in this specific concept. Muhammadiyah central board circular letter number 02/EDR/I.0/E/2020 of 29 Rajab 1441 H/24 March 2020 stipulates this. During times of emergency, religious precepts govern changes in the way of worship. There have been some significant changes to the worship procedure, such as:
There are numerous other alterations to the protocols for worship in the emergency conditions of Covid-19.
This is because many religious ceremonies in Islam, like the five daily prayers, the tabligh akbar (mass religious meeting), Friday prayers, and corpse prayers, need a handshake and other physical contacts with a large group of people (Suyadi et al., 2020).
Maqasid Shari'ah is essentially one of the ijtihad methodologies used by scholars to establish Allah SWT's meanings and wisdom expressed in all or most parts of the Shari'ah, which in essence aims to preserve and generate the greatest good for the ummah (Firdaus, 2020). At the same time, the Shari'ah aspires to realize the welfare of individuals and communities by the application of laws and the utilization of available facilities in order to promote life on Earth toward perfection and goodness in civilization and culture in the world (Zuhayli, 1999).
There are two ways of explaining the goals of Islamic law: from the human perspective as mukallaf and the perspective of the lawmaker, namely Allah SWT. On the human side, Allah SWT has endowed human beings with potential strength through nature. Human resources serve as a means of achieving and maintaining satisfaction in one's life. Meanwhile, Islamic law's aim is in line with human nature and the function of the powers it wields, namely to reap benefits while refusing harm (jalb al-mashâlih wa dar'u al-mafâsid) (Uyuni et al., 2021).
The objective of Islamic law is split into three goals, according to the lawmaker's inductive reasoning based on the sources of revealed Islamic teachings (Abu Zahra, 1958).
The Shari'ah's primary purpose is welfare, which refers to five key things that must be preserved for the good and survival of human beings: religion, soul, intellect, lineage, and property preservation. The five benefits that Islamic law seeks to achieve are directed on the concept of protection and protection (al-hifdz) in traditional terminology, but according to contemporary scholars, these principles have been enlarged to include the growth and fulfillment of human rights (Uyuni et al., 2021).
In this regard, the legal maxim of Islamic law, "Difficulties Can Attract Facilities," must be comprehended. According to experts, travel (safar), illness (al-maradh), compulsion (al-ikrâh), forgetting (al-nisyân), ignorance (al-jahl), difficulty (al-usr), and (umum al-balwa) are seven things that can offer relief (rukhsah) (Al-Suyuti, 2013). The ability to tayamum when it was difficult to use water, purification with the help of others and sitting during obligatory prayers or Friday sermons when sick, praying between two prayers, and the ability to leave congregational due to heavy rain are some examples of the relief prescribed by him.
According to (Auda) 2011), failure to include the maqasid approach in issuing fatwa would result in reductionist rather than holistic or multidimensional Shari'ah applications (or rather, misapplications) and literal rather than moral Shari'ah applications. As a result, the maqasid approach elevates legal choices and policies to a higher philosophical level, resulting in a holistic, multidimensional, and moral approach. This methodology provides much-needed flexibility in Islamic rulings as time and circumstances change, flexibility that is critical to Islam's universality and way of life.
Ibn Qayyim Al-Jawziyya (2002) summed up this concept that Shari'ah is all about wisdom and ensuring people's well-being in this life and the next. It is all about justice, mercy, wisdom, and goodness. Thus, any rule that replaces justice with injustice, mercy with its polar opposite, common good with evil, or wisdom with foolishness is not Shari'ah ruling, even if it is purported to be so by some interpretation.
This fact could be practically elaborated when considering the fatwas issued by MUI (Majelis Ulama Indonesia) concerning COVID-19 which are referred to as maqshid Shari'ah (five maintenances (usῡl al-khamsah): Maintaining religion (hifz ad-din), soul (hifz an-nafs), intellect (hifz al-aql), family and offspring (hifz an-nasl), and property (hifz al-mal) (Syaugi, 2021). In this sense, the MUI issued the following fatwas: 1) Fatwa N0.31 of 2020 concerning the Implementation of Friday Prayers and Congregations to Prevent the Transmission of the COVID-19 Outbreak. 19; 2) Fatwa N0 14 of 2020 concerning the Implementation of Worship in Situations of the COVID-19 Outbreak; 3) Fatwa N0.2 of 2021 concerning COVID-19 Vaccine Products from Sinovac Life Sciences Co. Ltd China and Bio Farma (Persero); 4) Fatwa N0.13 of 2021 concerning the Law on COVID-19 Vaccination While Fasting; 5) Fatwa N0.14 of 2021 concerning the law on the Use of the COVID-19 vaccine for Astrazeneca Products; 6) Fatwa N0.18 of 2021 concerning Guidelines for the Management of the Body (Tajhiz al-Janᾱ'iz) of Muslims infected with Covid 19; 7) Fatwa N0. 23 of 2021 concerning the Law on Swab Tests for Detecting COVID-19 While Fasting; 8) Fatwa N0.24 of 2021 concerning Guidelines for the Implementation of Worship in the Months of Ramadan and Shawwal 1442 H.
Islamic principles are revealed through the study of Islamic texts for the sake of maslahah (well-being) in human existence. However, in some circumstances, enforcing specific rules may not result in maslahah and may even work against it. In this context, (Al-Shatibi, 2004) proposed adopting Ma'alat (consequences of action) as a basis for giving exceptions in Islamic norms, either to prohibit or to tolerate a banned activity for the benefit of maslahah. According to him, Shari'ah (Islamic law) recognizes and intends the assessment of the Ma'alat of activities to determine whether they are lawful or unlawful. Thus, the mujtahid (those who have the ability to conduct the ijtihad process) will only judge an individual's action, whether by action or omission, after examining the consequences of that action: It may have been initiated with the intention of causing mafsadah or preventing mafsadah, but it has resulted in the opposite of what was intended, or it may not have been initiated with the intention of causing mafsadah or preventing mafsadah, but it has resulted in the opposite of that effect.
Ifwat (2018b) argues that this concept is not being used to support the change of Islamic laws because Ma'alat is used at the stage of rule implementation, and this procedure is carried out within the discipline of maqasid al-Shari'ah. Further, considering Ma'alat could make an Islamic rule more flexible in terms of its application. In other words, rather than focusing on the technical components of the law, the emphasis should be focused on how to attain maslahah in practice. However, without a comprehensive understanding of this principle, its application could be misinterpreted as a justification for modifying a rule without cause in the name of maslahah. As a result, the principle of maalat must be implemented with the discipline of ijtihad, maqasid al-Shari'ah, and understanding of reality so that maslahah is not utilized to legitimize a Shari'ah-infringing activity (Ifwat, 2018a).
It's worth noting that there are two stages of ijtihad: interpretation and application. While the first stage of ijtihad refers to the process of extracting rules from Islamic primary sources such as the Quran and Hadith, the second stage of ijtihad is concerned with applying those principles into practice in today's world. The first stage seeks to identify a specific rule from Islamic sources, while the second stage ties the rule to its purpose and reality (Abdul Razzak, 2017). In this regard, the principle of examining Ma'alat plays a major, if not dominant, role in the second stage of ijtihad, as it deals with the real-world consequences of rule execution. Using this approach, it is occasionally necessary to grant an exception to some rules in specific instances where those laws are unable to achieve their goals (Al-Sanusi, 2003).
In reality, mujtahids have no power over Islamic regulations other than to apply them as necessary. Because they must study hard to grasp Islamic sources, they must also work hard to understand modern reality, which includes human needs, customs, and new issues in their life (Al-Najjar, 1900). In fact, disregarding the second part may cause Islamic regulations to have different effects than intended; even mujtahids have grasped the theory of Islamic rules from its sources (Al-Jawziyya, 2002).
This procedure is not as simple as its theory suggests, as Al-Shatibi (2004) points out that this is the duty of mujtahid, a tough path but magnificent and commendable in the end. Not surprisingly, because Ma'alat is difficult to implement in practice, it has not received much attention from scholars in their fatwas or ijtihad. Because the reality is constantly changing and renewing, it is strongly advised that Ma'alat be considered through collective ijtihad between Islamic jurists and the relevant specialists (Ifwat, 2018b).
In general, a fatwa is a legal opinion made by any Muslim jurist (mufti) on particular Islamic law rulings. In theory, a fatwa is a legal document that clarifies any issue that arises in Muslim society. This shows that fatwa and mufti are two important methods for delivering legal guidance within the Shari'ah framework that governs Muslims in their daily lives. This is because, while fatwas are not legally enforceable when they are given, they have a huge impact on modern society because they provide instructions and standards to follow. This study aims to analyze the role of fatwa and mufti, respectively, in attending to issues and problems arising in contemporary Muslim society during the covid-19 pandemic. The findings of the study are expected to provide a clear guideline on the role of fatwa and mufti in the contemporary Muslim community, especially in the covid-19 pandemic.
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Electronic reference (Cite this article):
Abdullah, M., & Mazahir, S. . (2022). Issuing Fatwa during Covid-19 Pandemic: An Analysis. Sprin Journal of Arabic-English Studies, 1(02), 72–81. https://doi.org/10.55559/sjaes.v1i02.10
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