Fatwa's Insights - Muamalah

RESOLUTION OF THE 2ND NUSANTARA SCHOLARS COUNCIL CONFERENCE, YEAR 2024 

The Second Conference of the Nusantara Council of Scholars convened from 11 to 13 Jamadilawal 1446H, corresponding to 14 to 15 November 2024, held at Operations Room 1, the Perlis State Legislative Assembly Complex, and officially inaugurated by His Royal Highness the Raja Muda of Perlis in his capacity as the President of the Islamic Religious Council of Perlis (Majlis Agama Islam Perlis — MAIPs), has resolved to affirm the following matters:

Islam Balances Between Divine Law (Sharīah) And Custom (ʿUrf)

 1. Islam is a principle or guidance for life, whereas custom, culture, and art constitute the way of human life which inevitably exists. Custom, culture, and art are the identity of peoples and nations as mentioned by Allah SWT in Surah al-Hujurat, verse 13. The meaning of mutual recognition between peoples and nations in that verse is certainly not limited to recognising faces alone, but also recognising their life background, which includes custom, culture, and art.

2. It is important to examine custom, culture, and art when evaluating the actions, speech, and intentions of any people. Accordingly, the jurists (fuqaha’) have made understanding of custom, ethnic background, and locality one of the conditions in issuing fatwa. Al-Imam Ibn Qayyim al-Jawziyyah (751 H) said:

وَمَنْ أَفْتَى النَّاسَ بِمُجَرَّدِ الْمَنْقُولِ فِي الْكُتُبِ عَلَى اخْتِلَافِ عُرْفِهِمْ وَعَوَائِدِهِمْ وَأَزْمِنَتِهِمْ وَأَمْكِنَتِهِمْ وَأَحْوَالِهِمْ وَقَرَائِنِ أَحْوَالِهِمْ فَقَدْ ضَلَّ وَأَضَلَّ، وَكَانَتْ جِنَايَتُهُ عَلَى الدِّينِ أَعْظَمَ مِنْ جِنَايَةِ مَنْ طَبَّبَ النَّاسَ كُلَّهُمْ عَلَى اخْتِلَافِ بِلَادِهِمْ وَعَوَائِدِهِمْ وَأَزْمِنَتِهِمْ وَطَبَائِعِهِمْ بِمَا فِي كِتَابٍ مِنْ كُتُبِ الطِّبِّ عَلَى أَبْدَانِهِمْ، بَلْ هَذَا الطَّبِيبُ الْجَاهِلُ وَهَذَا الْمُفْتِي الْجَاهِلُ أَضَرُّ مَا عَلَى أَدْيَانِ النَّاسِ وَأَبْدَانِهِمْ

"Whoever issues fatwa to the people based merely upon what is transmitted in books, without regard to differences in their custom (ʿurf), habits, times, places, circumstances, and contextual conditions, has gone astray and led others astray. Such an offence against religion is greater than the offence of one who treats all people's bodies based solely upon a single medical text, without regard to differences in their lands, customs, times, and temperaments. Indeed, this ignorant physician and this ignorant jurisconsult (muftī) are most harmful to the religion and bodies of mankind."

(Iʿlām al-Mūwaqqi'īn ʿan Rabb al-ʿĀlamīn, 3/66)

3. Custom and culture are habitual practices observed by a people or a community with which they have become familiar. This includes traditional practices, clothing, artistic expression, entertainment such as songs and dances, modes of speech and communication in daily affairs, and all practices or values that have taken root in the life of society. From the perspective of the classification of the rulings of the Shariah, custom, culture, and art originally fall within the domain of human worldly dealings (muamalah), not specific acts of worship (‘ibadah). Accordingly, the applicable legal maxim in this matter is “الأصل في الأشياء الإباحة” (the original ruling for matters – other than acts of worship – is permissibility).

4. However, custom, culture, and art may become contrary or opposed to Islam in the presence of the following:

 i. Beliefs or convictions that contravene and oppose the creed of Islam, such as elements of shirk, superstition, and unfounded belief,

ii. Being regarded as a specific act of worship (‘ibadah) encouraged by Allah SWT and His Messenger, despite the absence of any evidence from the Quran and the Sunnah, in which case it becomes an innovation in religion,

iii. Contradiction with the rulings of the Islamic law, such as abandoning prayer, exposing that which is obligatory to be covered, consuming or wearing that which is prohibited by the Islamic law, taking the property of others without consent, and the like,

iv. The presence of practices that contrary with Islamic ethics, such as oppressing of others, humiliating or shaming them, arousing bad suspicion, undermining dignity, causing division in society, and the like,

v. Resembling the rituals and religious symbols of other faiths, which cannot be interpreted other than as an adherence to or endorsement of the rituals and religious symbols of those faiths.

5. Customs and cultures that contain elements prohibited by the Shariah do not necessarily have to be abolished; rather, they may be reformed (islah) by purifying those customs, cultures, and arts through the removal of the unlawful elements. An example of this is the Prophet SAW correcting the lyrics of the singing of women in a wedding gathering:

عن الرُّبَيِّعِ بِنْتِ مُعَوِّذِ بْنِ عَفْرَاءَ: جَاءَ النَّبِيُّ  فَدَخَلَ حِينَ بُنِيَ عَلَيَّ، فَجَلَسَ عَلَى فِرَاشِي كَمَجْلِسِكَ مِنِّي، فَجَعَلَتْ جُوَيْرِيَاتٌ لَنَا، يَضْرِبْنَ بِالدُّفِّ وَيَنْدُبْنَ مَنْ قُتِلَ مِنْ آبَائِي يَوْمَ بَدْرٍ، إِذْ قَالَتْ إِحْدَاهُنَّ: وفينَا نَبِيٌّ يَعْلَمُ مَا فِي غَدٍ، فَقَالَ: دَعِي هَذِهِ وَقُوْلِي بِالَّذِي كُنْتِ تَقُولِيْنَ

Narrated by Rubayyi' bint Muʿawwidh ibn ʿAfrāʾ: "The Prophet (Peace Be Upon Him) came and entered upon the occasion of my marriage. He sat upon my mat as you are sitting with me now. Some young girls of ours began beating the daff (tambourine) and eulogising those of my forefathers who had been slain at the Battle of Badr. One of them then said: 'Among us is a Prophet who knows what tomorrow shall bring.' He said: 'Leave this, and say what you were saying before.'"

(Ṣaḥīḥ al-Bukhārī)

6. Custom, culture, and the arts that do not contravene Islamic law may be used as a medium for the propagation of the faith, such as by incorporating wholesome elements into works of art.

7. Custom, culture, and the arts that bring about public benefit are encouraged by Islam, even if they do not originate from Muslim societies. Anas ibn Mālik (May Allah Be Pleased With Him) narrated:

أَنَّ النَّبِيَّ أَرَادَ أَنْ يَكْتُبَ إِلَى كِسْرَى، وَقَيْصَرَ، وَالنَّجَاشِيِّ، فَقِيلَ: إِنَّهُمْ لَا يَقْبَلُونَ ‌كِتَابًا ‌إِلَّا ‌بِخَاتَمٍ،فَصَاغَ رَسُولُ اللهِ خَاتَمًا حَلْقَتُهُ فِضَّةٌ، وَنَقَشَ فِيهِ: مُحَمَّدٌ رَسُولُ اللهِ

"The Prophet (Peace Be Upon Him) wished to send letters to Kisrā, Qayṣar, and al-Najāshī. It was said to him: 'They do not accept any letter unless it is sealed (with a stamp).' So the Messenger of Allah (Peace Be Upon Him) had a ring fashioned with a silver band, upon which was engraved: Muḥammad Rasūl Allāh."

(Ṣaḥīḥ Muslim)

8. Custom, culture, and the arts, even if they do not contain religious elements such as propagation of the faith or theological content, remain permissible, so long as they contain no elements that contravene Islamic law. Such custom, culture, and the arts are permitted and may not be prohibited in the name of Islam.

9. The effort to Islamise a given custom, culture, or art is a praiseworthy endeavour; however, caution must be exercised to ensure that such custom, culture, or art is not regarded as a specific religious act of worship in itself, thereby ultimately becoming an innovation.

10. Islam does not obligate the customs, cultures, and arts of any people or nation to be replaced with those of the Arabs, the Malays, or any other people. The purpose of the advent of Islam is to establish monotheism (tawḥīd), Islamic law, and noble character, and not the Arabisation of the customs, cultures, and arts of other peoples.

11. Respecting the customs, cultures, and arts of a people is a teaching of Islam. The attitude of harshly opposing all customs, cultures, and arts of a people without valid grounds in Islamic law contravenes the position of the Prophet (Peace Be Upon Him):

عَنْ ‌عَائِشَةَ، أَنَّهَا زَفَّتِ امْرَأَةً إِلَى رَجُلٍ مِنَ الْأَنْصَارِ فَقَالَ نَبِيُّ اللهِ : يَا عَائِشَة، مَا كَانَ مَعَكُمْ لَهوٌ؛ فَإِنَّ الْأَنْصَارَ ‌يُعْجِبُهُمُ ‌اللهْوُ

Narrated by ʿĀʾishah (May Allah Be Pleased With Her): "She escorted a bride to her husband, a man from the Anṣār. The Prophet of Allah (Peace Be Upon Him) then said: 'O ʿĀʾishah, was there no entertainment (with drum and song)? For indeed the Anṣār delight in entertainment.'"

 (Ṣaḥīḥ al-Bukhārī)

12. Adapting the customs, cultures, and arts of another people is permissible so long as it does not contravene Islamic law, as such matters fall within the domain of worldly transactions (muʿāmalāt). This includes, for instance, the practice of Arab, Malay, or Chinese customs, culture, and arts by those not of those respective peoples. However, Islamic law prohibits attire and conduct that constitute ostentation (shuhrah) or that are considered strange within society:

قَالَ رَسُولُ اللَّهِ : مَنْ لَبِسَ ‌ثَوْبَ ‌شُهْرَةٍ أَلْبَسَهُ اللَّهُ يَوْمَ الْقِيَامَةِ ثَوْبَ مَذَلَّةٍ

The Messenger of Allah (Peace Be Upon Him) said: "Whoever wears a garment of ostentation (thawb al-shuhrah), Allah The Almighty shall clothe him on the Day of Resurrection with a garment of humiliation."

(Sunan Ibn Mājah, a hadith graded hasan)

13. Every Muslim is obligated to strive to revive and practise the Sunnah of the Messenger of Allah (Peace Be Upon Him) in his personal life, within his family, and within his community, until it becomes an established practice that is never abandoned, with the aim of seeking the pleasure of Allah SWT.

CONFERENCE MEMBERS:

1. Sahibus Samahah Professor Dato' Arif Perkasa Dr. Mohd Asri bin Zainul Abidin, Mufti of the State of Perlis

2. Professor Dr. Ismail Lutfi Japakiya, Rector of Fatoni University, Thailand

3. Prof. Dr. H. Syamsul Anwar, MA, Chairman of the Central Leadership of Muhammadiyah, Indonesia

4. Dr. Hosen Mohamad Farid, Cambodian Muslim Intellectual Alliance (CMIA), Cambodia

5. Ustaz Dr. Ma Thanh Thanh Hoang / Dr. Basiron, Scholarly Figure, Vietnam

6. YAA Tuan Haji Jaidi bin Ahmad, Chief Syarie Judge of Perlis

7. Tuan Haji Mohd Nazim bin Mohd Noor, Chief Executive Officer, Perlis Islamic Religious and Malay Customs Council (MAIPs)

8. K.H. Dr. Nashirul Haq Marling, MA, Chairman General of Hidayatullah, Indonesia

9. Assoc. Prof. Dr. Muhammad Ameen Khoya, Head of the Department of al-Qur'an and al-Sunnah Studies, Fatoni University, Thailand

10. Professor Dr. Muhammad Rozaimi bin Ramli, Rector of Kolej Universiti Islam Perlis (KUIPs)

11. Dr. KH. Jeje Zaenudin, M.Ag, Chairman General of the Central Leadership of Persatuan Islam (PERSIS), Indonesia

12. YB Datuk Dr. Hj. Ahmad Marzuk bin Shaary, Former Deputy Minister in the Prime Minister's Department (Religious Affairs), Malaysia

13. Syaikh Wan Syukri bin Wan Ismail al-Fathoni, Supervisor of Majlis Ilmi, Dumyat City, Fatoni, Thailand

14. Professor Dr. Basri Ibrahim, Dean of the Faculty of Islamic Studies, KUIPs

15. Tuan Haji Tajul Urus bin Abdul Halim, Deputy Mufti of the State of Perlis

16. Dr. H. Rahmat Abdul Rahman, Lc., M.A., Head of Daily Operations, Central Board of Management, Wahdah Islamiyyah, Indonesia

17. Dato' Dr. Johari bin Mat, Director of the Institut Pemikiran Tok Guru Dato' Bentara Setia

18. Ustaz Dr. Muhammad Yusram Anshar, M.A., Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA), Makassar, Indonesia

19. Al-Fadhil Dr. Abdullah bin Yasin, Chairman of the Syura Council of the Coalition of Ahl al-Sunnah Malaysia (GASMA)

20. Ustaz Fahmi Salim, M.A., Director of al-Fahmu Institute, Islamic Da'wah Center, Indonesia

21. Tuan Haji Najmuddin bin Abdul Karim, Director of the Perlis Islamic Religious Affairs Department (JAIPs)

22. Dr. H. Saidul Amin, M.A., Rector of Universiti Muhammadiyah Riau (UMRI), Indonesia, and Leadership Member, Muhammadiyah Riau

23. Assoc. Prof. Dr. Roshimah binti Shamsudin, Malaysia, Associate Professor (Hadith), Universiti Sains Malaysia (USM)

24. Ustaz Nidhol Masyhud, Director of the Center for Aqidah Studies, Ihkam, Indonesia

25. Ustaz Mohd Khairil Anwar bin Abd Latif, Deputy Chairman, al-Qayyim Welfare Organisation, Malaysia

26. Dr. Muhammad Lukman bin Mat Sin, Deputy Dean, Faculty of al-Qur'an and al-Sunnah, KUIPs

27. Ustaz Syed Abu Bakar bin Syed Kamal Bharin Jamalullail, Member, Perlis State Fatwa Committee