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International Journal of Academic Research in Business and Social Sciences

Open Access Journal

ISSN: 2222-6990

Analysis of the Concept of Fatwa Uniformity according Mura’ah Al-Khilaf Method

Fathullah Asni

http://dx.doi.org/10.6007/IJARBSS/v8-i7/4331

Open access

The purpose of this paper is to study the concept of fatwa uniformity based on the debate on al-fiqh methods. This study is based on the problem of the existence of fatwa disputes between mufti because it is supported by the fiqh method which means "ijtihad cannot cancel other ijtihad". This method shows that anyone who has the skills to issue a fatwa, has the right to issue a fatwa. Although now in every Muslim country there has been an official mufti organised by the fatwa institution. These fatwa differences can have negative implications from the perspective of fatwa governance management because there is no coordination and can bring confusion to civil society that cannot dissolve due to fatwa disputes among muftis. The methodology of this study is qualitative in which the data are collected through a library research method by studying the books of al-fiqh. The findings show that there is a fiqh method known as mura'ah al-khilaf which gives space to mufti to celebrate the other mufti's opinions although it is entitled to study with his ijtihad. This method can provide an opportunity for the official mufti to issue a fatwa and be followed and celebrated by qualified local scholars to issue a fatwa. It also avoids the release of some of the fatwa from the authoritative parties and others which may have the effect of the fatwa difference.

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