Middle-East Journal of Scientific Research 12 (2): 204-214, 2012
ISSN 1990-9233
© IDOSI Publications, 2012
DOI: 10.5829/idosi.mejsr.2012.12.2.1684
Corresponding Author: Noor Naemah Abdul Rahman, Department of Fiqh and Usul,
Academy of Islamic Studies, University of Malaya, 50603 Kuala Lumpur, Malaysia.
Tel: +60379676029, Fax: +60379676141.
204
Changes and Differences in Fatwa from Malaysia and Singapore Contexts
Mohd Akram Dahaman Dahlan, Noor Naemah Abdul Rahman,
1 2
Ridzwan Ahmad, Mohd Roslan Mohd Nor and Muhammad Safiri Ismail
2 3 2
Centre of General Studies, College of Arts & Sciences,
1
Universiti Utara Malaysia, 06010 Sintok, Kedah Darul Aman, Malaysia
Department of Fiqh and Usul, Academy of Islamic Studies,
2
University of Malaya, 50603 Kuala Lumpur, Malaysia
Department of Islamic History & Civilization Academy of Islamic Studies,
3
University of Malaya, 50603 Kuala Lumpur, Malaysia
Abstract: Ibn Qayyim states that changes and differences in issuing fatwa relatively depend on several
elements which are the change of times, places, conditions, intentions and customs. In this article, we attempt
to elaborate the elements in various form of changes, whether temporal, spatial, conditional, individual, or
custom from Malaysia and Singapore contexts by using comparative approach. The contexts cover economy,
religious composition, position of Muslims in politics and position of Islam in the constitution of both
countries.
Key words: Changes Fatwa Malaysia Singapore Condition
INTRODUCTION " Taghayyur al-Fatwa wa Ihktilafuha bi Hasb
Fazlur Rahman stated that the problems of human al-Niyyat wa al-'Awa'id" [3]. This expression means that
society are always growing and changing along with the changes and differences in fatwa are caused by various
changes in society itself. Thus, Islamic law will always form of changes, whether temporal, spatial, conditional,
change with changes in terms of time and space [1]. individual, or custom. Based on this concept,
This statement is based on a combination of two theories contemporary Muslim thinker Dr. Yusuf al-Qaradhawi has
which have been submitted by Ibn Khaldun and Ibn said:
Qayyim around the eighth century after Hijrah. Pioneer to
the discipline of sociology, Ibn Khaldun stated: "One of the things that cause mufti to slip is that
“The condition of the world and of nations, their opinions and fatwas contained in the fiqh books
customs and sects, does not persist in the same form existed from previous centuries. They blindly qoute
or in a constant manner. There are differences previous rulings from books of fiqh and fatwa
according to days and periods and changes from one without observing the changing conditions in terms
condition to another. Such is the case with of time and place. This is important because things
individuals, times and cities and it likewise happens are constantly changing from one time to another..."
in connection with regions and districts, periods and [4].
dynasties” [2].
Meanwhile, Ibn Qayyim had submited his well-known fatwa which is a medium of promulgation of divine
theory that "change and variance happens by the change legislation in human life [5]. Fatwa then will always be
of times, places, conditions, intentions and customs" or altered, moving in tandem with changes and differences
Taghayyur al-Azminah wa al-Amkinah wa al-Ahwal wa
their response is static and rigid adherence to all
These opinions then explained the differences of