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All Journal Mazahib: Jurnal Pemikiran Hukum Islam Millah: Journal of Religious Studies
Abdul Karim Ali, Abdul Karim
University of Malaya, Kuala Lumpur
Religion Law, Crime, Criminology & Criminal Justice

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The Influence of the Shafie School on Fatwa Methodologies in Malaysia: Toward the Unity of Ummah’s Objective Harun, Muhammad Safwan; Ali, Abdul Karim; Ahmad Syahir, Aminun Nabil
Mazahib Vol 23 No 1 (2024): VOLUME 23, ISSUE 1, 2024
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v23i1.7620

Abstract

Maqāṣid al-shariah, which refers to the aim or goal intended by Islamic law to benefit humankind, is closely related to the issuance of fatwas. This condition raises the question of whether maqāṣid al-shariah is fully considered in the fatwa issuance process in Malaysia. The methodology used in issuing fatwas in Malaysia is unique as the Shafie school is the primary reference, and the methodology aims to create a systematic fatwa management system in preserving unity. However, the approach does not generally embrace maqāṣid al-shariah, such as freedom, and favors an easier option (al-taysīr) to examine diverse views outside the Shafie school. This condition raises questions about the capability of the sectarian methodology practiced in the current issuance of fatwas and whether the fatwa methodology tied to the Shafie school can manifest maqāṣid al-shariah in every law. This paper aims to examine the achievement of maqāṣid al-shariah in the fatwa methodology that contains the strong tradition and influence of the Shafie school. Through inductive, deductive, and comparative document research, this study revealed three main findings. First, maqāṣid al-shariah in the fatwa methodology in Malaysia is applied through shariah arguments parallel with the uṣul al-fiqh framework. Second, the Malaysian fatwa methodology that references the final view of the Shafie school is intended to achieve uniformity and unity among the Muslim-majority community in Malaysia, which coincides with maqṣad wihdatul ummah. Third, when maṣlahah is not achieved in certain circumstances, views of schools other than the Shafie school can be consulted.
The Concept of Al-Thawābit and Al-Mutaghayyirāt in Technological Innovation According to Maqāṣid al-Sharīʿah Harun, Muhammad Safwan; Abdullah, Luqman; Harith Idris, Muhammad Ammar; Meerangani, Khairul Azhar; Ali, Abdul Karim
Millah: Journal of Religious Studies Vol. 24, No. 2, August 2025
Publisher : Program Studi Ilmu Agama Islam Program Magister, Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/millah.vol24.iss2.art1

Abstract

The rapid advancement of modern technology, particularly in the context of the Fourth Industrial Revolution (IR 4.0), presents Muslims with a range of complex challenges, including ethical dilemmas and questions regarding the social impact of innovations such as artificial intelligence, biotechnology and digital media. These challenges are significant as they impact daily life and raise profound concerns about the preservation of religious values, identity and social order. While technological progress offers undeniable benefits, it also generates indirect risks that may be overlooked if assessed solely from a utilitarian or secular perspective. Against this backdrop, Islamic law, guided by the higher objectives of maqāṣid al-sharī`ah provides a principled and comprehensive framework for evaluating technological innovation, ensuring that developments remain aligned with core Islamic moral and ethical standards and ultimately promote human well-being in a holistic sense. Central to this approach are the concepts of al-thawābit (the immutable) and al-mutaghayyirāt (the changeable) which serve as critical tools for adapting Islamic legal rulings to new technological realities. This article adopts a library research and content analysis methodology to examine existing literature and provide a comprehensive understanding of Shariah’s role, specifically through the lens of maqāṣid al-sharī`ah in regulating technological advancements. The study concludes that although technology constitutes part of al-mutaghayyirāt and continues to evolve, the immutable principles of maqāṣid al-sharī`ah serve as an essential safeguard to ensure that technological change continues to advance the holistic well-being of humanity. In sum, the maqāṣid al-sharī`ah framework provides the critical criteria for balancing benefits and harms, ensuring that technological advancement ultimately serves the comprehensive well-being and public interest (maṣlaḥah) of humanity.
Al-Būṭī vs. Al-Qaraḍāwī: A Comparative Study of Thought on Al-Khurūj 'Alā Al-Ḥukkām Harun, Muhammad Safwan; Abdullah, Luqman; Ali, Abdul Karim; Rosele, Muhammad Ikhlas; Nor Mohd Zulkarnain, Saiful Islam; Syed Jaafar, Syed Mohd Jeffri
Mazahib Vol 24 No 2 (2025): VOLUME 24, ISSUE 2, 2025
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v24i2.10476

Abstract

This study examines the polemic of al-khurūj ‘alā al-ḥukkām (rebellion against rulers) as debated by Yūsuf al-Qaraḍāwī and Muḥammad Sa‘īd Ramaḍān al-Būṭī, particularly in the context of the Syria crisis and the Arab Spring. The theoretical framework employed is maqāṣid al-sharīʿah, encompassing the hierarchy of maṣlaḥah based on ḍarūriyyāt, ḥājiyyāt, and taḥsīniyyāt; the preservation of the kulliyyāt al-khams (religion, life, intellect, lineage, and property); the balancing of conflicting mafsadah; the application of sadd al-dharāʾiʿ (blocking the means to harm); and the consideration of maʾālāt (future consequences). Methodologically, the study employs a qualitative textual analysis of fatwa, jurisprudential writings, and theological arguments by scholars, situating their views within the broader maqāṣid framework. Within this framework, al-Qaraḍāwī justifies rebellion against unjust rulers as both a moral duty and a religious obligation to uphold justice, framing it within the maqāṣid imperative of resisting tyranny. Conversely, al-Būṭī employs the same maqāṣid tools to prohibit rebellion, prioritising the avoidance of bloodshed and societal collapse over immediate political reform. The findings reveal that although both scholars engage maqāṣid al-sharīʿah, their divergent prioritisation leads al-Qaraḍāwī to emphasise justice and activism as central to preserving Islam’s dignity. At the same time, al-Būṭī underscores stability and unity as essential safeguards against greater chaos.
Co-Authors Abdullah, Luqman Ahmad Syahir, Aminun Nabil Harith Idris, Muhammad Ammar Harun, Muhammad Safwan Meerangani, Khairul Azhar Muhammad Ikhlas Rosele Nor Mohd Zulkarnain, Saiful Islam Syed Jaafar, Syed Mohd Jeffri