The Interlink of Madhhab and the Discretionary Power of Qadi and Mufti: An Analysis

TM.Z. Md Nor, M.L. Hairuddin, M.A. Hussain, M.K. Alhanisham and M. Rejab

In recent years, it seems that the Muslim society is in annulus stage as to the application of Islamic religious jurisprudence as their source of reference in their daily chores and interactions. In this regards, the qadis and muftis should play their role in addressing the issue of hukm(ruling)or fatwa(edict) in relation to the acceptance and hence binding on the madhhab. This paper discussed the provision of Islam in state constitution. The analysis cascading along the lines of discretionary power of the mufti and qadi in issuing fatwa and hukm, decided cases and related issues. Do they have an unfetted carte balance power with no trash-hold limits or ceillings?.The methodology used are qualitative and content analysis methods. The paper concludes by suggesting the application of madhhab should be based on ShafieSchool of thought throughout the states.In view of the absence or a lacuna in the Shafie sects, the same will be dissected and deliberated by the mufti and qadi who is at liberty to use his discretionary power to adopt other madhhab views within the Sunni school of thought or his own ijtihad (consensus opinion). This is rightly so as Islam is not really rigid or two bogged up by doctrinal straight jacket and the development of the Islamic jurisprudence simpliciter could be one size fit all to fit the peg in the contemporary Malaysia will flourish and enhanced. This paper concludes by suggesting that the Shafie sect should the states at Federal madhhab within Malaysia and their discretionary power should be within their roles and take public interest into consideration before issuing judgment or ruling.

Volume 11 | 05-Special Issue

Pages: 1100-1104