THE APPLICATION OF FATWA IN COURT DECISION MAKING

Abstract

This article discusses the position and function of fatwa in the submission of judgments and decision making for Muslim divorce cases in Malaysia. This issue is raised when fatwa status is still vague and relevance is included as authority in case of court is still in question. The purpose of this article is first to identify the concept of fatwa and ijtihad judges of shariah according to their applications in the context of Malaysia. This includes analyzing divorce cases, taking into account fatwa as an important element in the submission of each case. This suggests that fatwa can be applied and exploited by judges when imposing punishment for justice for the parties involved. The data in this study are qualitative data collected through document analysis and interviews, while analyzing data is done by applying descriptive approach through content analysis. The findings show that applications and fatwa implications exist in the judicial process of divorce cases. Therefore, this article hopes that mufti and judges will be able to work together in order to form the element of innovation between the fatwa and the judgment. A legal provision should be improved in the State Administration of the Islamic Religious Enactments so that the orders of the authorities can be observed more clearly and effectively. In addition, it is to be parallel and not contradictory to one another. This application definitely has a huge impact on court institutions, especially the Syariah Court. This application is aimed at avoiding confusion among the parties involved in particular and the Muslim community in general. This is what is said as a reformation in the fatwa sector in our country. Malaysia is the one and only country that has started this good thing and will be followed other states globally.