KETERIKATAN FATWA KEPADA MAZHAB SYAFI’I: ANALISIS TERHADAP FATWA-FATWA JEMAAH ULAMA MAJLIS AGAMA ISLAM DAN ADAT ISTIADAT MELAYU KELANTAN

Generally, religious rulings (fatwa) in Malaysia are based on Shafi‟ite madhhab as adherence to provisions of enactments of respective state in Malaysia. However, recently there are changes in fatwa. This might be due to development of education system, exposure of ulama and public to openly discussion of islamic rules, public interest and their necessity to a certain view as a wise solution that meets the reality and contemporary needs. Therefore, the article attempts to analyse factors that lead to upholding of Shafi‟ite madhhab in fatwa aswell as to identify rooms for other views of other madhhab in issuing such a fatwa. This is a library research whereby primary sources is a collection of fatwa of Religious council of Kelantan. Those data then have been analysed by using content analysis method. The findings of this research are, the restriction to Shafi‟ite madhhab in Kelantan is confirmed in taking place of previous years, however in nowaday there is a room for different views of other madhhabs. In addition, there are recent changes of fatwa due to consideration of maqasid al-shariah (objectives of Shariah). It is also observed that responses of Religious Council to questions are in accordance to the local need and up to date. It also deal with wisdom as reflected to its members of fatwa authority and social needs.