DEFINITION OF FATWA
From the Linguistic Point of View:
The definition of fatwa linguistically comes from the word afta-ifta'an which means to explain and elucidate the rulings on matters related to religion.
Fatwas are given based on the main sources of Islamic law, namely:
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The Qur'an
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Hadith (the Sunnah of Prophet Muhammad, peace be upon him)
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Ijma' (consensus of the scholars)
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Qiyas (legal analogy)
In Terminology:
In terminology, a fatwa has various definitions, among them:
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An explanation of the shariah ruling by a Mufti on a particular religious issue, based on shariah evidence, as a response to someone who asks, either individually or in a group.
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The process of giving an answer either by an individual Mufti or collectively by a Fatwa Committee or Fatwa Council.
From the Legal Aspect:
According to Section 36(9) of the Islamic Religious Administration Enactment (State of Melaka) 2002, any statement made by the Mufti or the Fatwa Committee is not considered a fatwa unless it is published in the gazette.
SCOPE OF FATWA
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Issues or problems that arise in society whose rulings are not yet clear
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Differing opinions among scholars that require tarjih (preference) — choosing the stronger opinion.
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Issues that have been the subject of fatwas in other countries and need to be adapted to local circumstances.
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National or global issues that relate to the interests of the Muslim community.
