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THE 59TH MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2022

14 - 15 SEPTEMBER 2022 / 17 - 18 SAFAR 1444H

THE POSITION AND STANCE OF PERLIS CONCERNING SCHOOLS OF JURISPRUDENCE

1. The Fatwa Committee, in determining preference (tarjih - evaluating and selecting) among juridical opinions, is not bound to a single school of jurisprudence (madhhab fiqh); rather, it deliberates and determines preference among juridical opinions that exist within the four principal schools or beyond them (within Ahl al-Sunnah wa al-Jama'ah) if there exists a necessity to do so.

2. With regard to legal rulings that already exist within the authoritative schools (madhahib mu'tabarah) that are not contingent upon factors of change, the Fatwa Committee shall ensure that the opinion issued has been preceded by any of the authoritative mujtahids of the past.

3. For novel issues concerning which there exists no fatwa from previous mujtahids, the Fatwa Committee shall examine the methodologies and arguments employed in the ijtihad of the mujtahids and compare them with the relevant issue. In such contemporary issues, contemporary fatwa decisions at various levels shall also be taken into consideration.

4. With regard to the practice of worship in Perlis, the Fatwa Committee extensively determines preference for that which is practiced within the Shafi'i and Hanbali Schools. There exists no fatwa concerning matters of worship in the State of Perlis that falls outside the opinions of the imams of the schools or the mujtahids recognized by the Muslim community. Generally, the Fatwa Committee acknowledges all authoritative differences of opinion in worship, but selects the opinion that is given preference for official practice.

5. In the legal rulings of marriage and transactions, the stance of the Fatwa Committee is more open, examining the scriptural texts and public welfare, whilst simultaneously striving to ensure that the fatwa issued possesses a foundation from the four schools or other mujtahids.

6. In the official implementation of matters concerning worship, marriage, and transactions in the State of Perlis, including matters of authoritative differences of opinion, these are based upon the preference determined by the Perlis State Fatwa Committee.

7. The Perlis State Fatwa Committee does not mandate the selection of a school for individual practice in matters of worship provided it does not contradict the scriptural injunctions. An individual may choose any authoritative school in executing personal acts of worship. Nevertheless, the public implementation of communal worship is bound by the fatwa issued.

8. As for matters of marriage and transactions that constitute the practice of society in their dealings with one another, every individual is bound by the fatwa issued. This is based upon the legal maxim "The Ruler's Decision Eliminates Disagreement".

9. The study of jurisprudence based upon the authoritative schools with proper discipline is permitted, indeed encouraged, in the State of Perlis. Students of knowledge must avoid school fanaticism that results in enmity among Muslims.

Approval of the Members of the Perlis State Fatwa Committee:

1. YBhg. S.S Profesor Dato' Arif Perkasa Dr Mohd Asri Bin Zainul Abidin – Mufti of the State of Perlis

2. Sahibul Fadhilah Ustaz Tajul Urus bin Abdul Halim – Deputy Mufti of Perlis

3. Sahibul Fadhilah Dato' Kaya Bakti Dr. Mohd. Radzi bin Haji Othman

4. Sahibul Fadhilah Dato' Dr. Johari bin Mat

5. Sahibul Fadhilah Profesor Dr. Basri bin Ibrahim

6. Sahibul Fadhilah Prof Madya Dr. Muhamad Rozaimi bin Ramle

7. Sahibul Fadhilah Dr. Hj Zaharuddin Bin Hj Abdul Rahman

8. Sahibul Fadhilah Prof. Madya Dr. Azman Bin Mohd Noor

9. Sahibul Fadhilah Dr. Kamilin bin Jamilin

10. Sahibul Fadhilah Dr. Ahmad Sufian Bin Che Abdullah

11. Sahibul Fadhilah Prof Madya Dr Ahmad Wifaq Bin Mokhtar

12. Sahibul Fadhilah Ustaz Syed Abu Bakar Bin Syed Kamal Bharin

13. Sahibul Fadhilah Dr. Muhammad Lukman Bin Mat Sin

14. Ustaz Muhammad Khidhir Bin Abdul Ghani – Secretary

Endorsed at the Meeting of the Perlis Islamic Religious Council and Malay Customs (Majlis Agama Islam dan Adat Istiadat Melayu Perlis) Bil. 5/2022 on 22 September 2022.