FATWAS ON RELIGIOUS PLURALISM IN MALAYSIA: A LITERATURE REVIEW OF ISLAMIC LEGAL PERSPECTIVES

Abstract

Religious pluralism in Malaysia is a contentious issue, particularly when viewed through the lens of Islamic legal perspectives and fatwas. The dual legal system, which integrates common law and Islamic law (sharia), creates a complex environment where religious freedom, state authority, and minority rights are continually negotiated. Fatwas, or Islamic legal opinions, play a pivotal role in shaping this discourse, often influencing legal frameworks, social practices, and interfaith relations. However, the implementation of fatwas has sparked significant controversy, particularly regarding their impact on minority Muslim groups, such as the Shi’a community, and their implications for religious governance and societal cohesion. This study aims to review the content and legal standing of fatwas related to religious pluralism in Malaysia and the historical and ideological underpinnings that inform the issuance of these fatwas. Specifically, it seeks To assess the impact of fatwas on interfaith relations, religious governance, and legal pluralism. Employing a systematic and data-driven methodology, articles, conference papers, and book chapters published between 2010 and 2023 was conducted. Thematic analysis was employed to synthesize data, identifying recurring patterns and emerging insights. Key findings reveal that fatwas serve as both regulatory tools and ideological instruments, reflecting tensions between maintaining religious orthodoxy and accommodating pluralistic values. While they contribute to legal clarity in some contexts, their rigid application often exacerbates societal divisions. The study underscores the need for greater inclusivity and adaptability in the issuance and implementation of fatwas, offering actionable recommendations for policymakers, religious authorities, and scholars. By fostering mutual respect and understanding, these insights can enhance Malaysia’s multicultural framework and promote sustainable coexistence.