I extend my congratulations to the prime recipient of Mawlid 2012 National Year of Datuk Hassan Ahmad, who is also Mufti of Penang State Government.I am to know Hassan who is no stranger figures in the field kefatwaan in Malaysia. In fact, he had many disciples who dididiknya when called a lecturer. Although I have never studied formally with Hassan, but I have many a lesson from every word that comes out of him. He is a man who was born of religious families and is committed to uphold sharia law in Malaysia, particularly Penang. Award given to him was a recognition of the mufti and kefatwaan institutions in Malaysia and is a signal from the Government that this ruling institutions need to be more robust move and form the basis of strengthening of Islamic law.
Fatwa is the mechanism of construction of Islamic law which has existed since the time of the Prophet.fatwa institution began to grow rapidly during the reign Umawiyah, Abasiyah and Ottoman. At that time the mufti not only act as advisors in the field of Islamic law but are involved directly help Kadi resolve cases in court. Fatwa is not only a mentor to the people and society, but used as a guide in performing its obligations by the government. When Malaya (then) became independent, determination of matters of Islamic law and doctrine Islam is maintained under the authority of the state. It’s not a matter derived from the Constitution but has been practiced since the time of the Malay Sultanate. In this case, the government refers to the scholars for a fatwa on any question that has not been decided once and for all, or things that raises the point of Islamic law. In the context of current Malaysia and the Islamic Religious Administration Enactment provides for the position and role of the mufti as the principal adviser of the King and the Malay Rulers. For example, section 33 of the Act Pebtadbiran Islamic Law (Federal Territories) 1993 state mufti shall assist and advise the King in respect of all matters Islamic law, and in all such matters shall be the authority major in the Federal Territories of the King, except where otherwise provided in the Act.
Along with the times that require solutions from the point of Islamic law on matters that are becoming more complex, the role of mufti This should be enhanced and strengthened as well from time to time.Mufti should be free to give advice and make comments to any party, including government and non government. It is very strange when a number of agencies established by the government made various comments to interfere with the religion of Islam, while criticism of the mufti as just ignored. Mufti also must be freed from any pressure and political influence of certain individuals. As of today there are several states have upgraded the position equivalent to the State Government Exco mufti mufti although the consultation did not sit as a member of the state. As ulul amri all religious institutions be placed directly under the in the King and the Malay Rulers, including mufti. Politicians and the government has no authority to interfere with the mufti, particularly in nurturing an edict to ensure the ruling, policy or opinions related to Islam and Islamic law altogether free from the elements and political influence. Fatwa that decided by the State Fatwa Committee need not be discussed by the Government for the purpose pewartaaan. That case was several times this occurs and what should be prevented from continuing.