Fatwa in Islamic Law, Institutional Comparison of Fatwa in Malaysia and Pakistan: The Relevance of Malaysian Fatwa Model for Legal System Of Pakistan

Abstract

Fatwa is a Muslim religious practice which helps to mould the thoughts and actions for a particular community or person on any special issue, which effects social, economic and personal interest. The institution of fatwa plays a vital role in the contemporary society where different people and different legal regimes exist. It can be utilized as an instrument of social, political and religious control. In Malaysia, a fatwa has been institutionalized and has been used in all spheres of administration and activities related to human endeavour. On the other hand Pakistan is also an Islamic country and its constitution is Islamic. Fatwa in Pakistan is not institutionalized. This created gap between social change of society and already established rule made by the legislation. Because when the laws are not changed according to the needs of society, then people investigate other path for seeking remedies. This research recommends that there is need for Pakistan to take institution of fatwa in Malaysia Fatwa as a model, to make a constitutional body and give judiciary the power to implement that Islamic verdict.

Keywords: Fatwa, Mufti, Malaysia, Pakistan, Legal opinion