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Table of Content

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1.0 The Differences Between Sunnah, Ijma and Fatwa.

1.1 Definition
1.2 Types and Classification
1.3 Authority and Proof
1.4 Crucial Roles

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2.0 The Position of Fatwa in Malaysia.

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3.0 References

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1.0 The Differences Between Sunnah, Ijma and Fatwa
1.1 Definition
Sunnah is the way of life prescribed as normative for Muslims on the basis of the teachings and
practices of Islamic prophet Muhammad and interpretations of the Quran. The word sunnah is
derived from the root ([ sa-n-na] Arabic), meaning smooth and easy flow or direct flow path.
The word literally means a clear and well trodden path. In the discussion of the sources of
religion, sunnah denotes the practices of Muhammad that he taught and practically instituted as a
teacher of the shariah and the best exemplar. According to Muslim belief, this practice is to be
adhered to in fulfilling the divine injunctions, carrying out religious rites, and moulding life in
accord with the will of God. The sunnah of Muhammad includes his specific words, habits,
practices, and silent approvals. It is significant because it addresses ways of life dealing with
friends, family and government. The sunnah is a source of Islamic law, second only to the Quran.
Ijma is an Arabic term referring to the consensus or agreement of the Muslim community
basically on religious issues. Various schools of thought within Islamic jurisprudence may define
this consensus to be that of the first generation of Muslims only; or the consensus of the first
three generations of Muslims; or the consensus of the jurists and scholars of the Muslim world,
or scholarly consensus; or the consensus of all the Muslim world, both scholars and laymen.
Fatwa in the Islamic faith is the technical term for the legal judgment or learned interpretation
that a qualified jurist or mufti can give on issues pertaining to the Islamic law. The person who
issues a fatwa is called, in that respect, a Mufti, i.e. an issuer of fatwa, from the verb ' aft =
"he gave a formal legal opinion on". If a fatwa does not break new ground, then it is simply
called a ruling. An analogy might be made to the issue of legal opinions from courts in commonlaw systems. Fatws generally contain the details of the scholar's reasoning, typically in response
to a particular case, and are considered binding precedent by those Muslims who have bound
themselves to that scholar, including future muftis; mere rulings can be compared
to memorandum opinions.

1.2 Types and Classification

In Sunnah, there narrations that are contributed to the Prophet s.a.w can be divided into 3 types,
namely Qawli (verbal), Taqriri (Approval), and Faeli (Actions).Qawli consists of the sayings of
the Prophet on any subject, for example: He who cheats is not one of us. (Ahmad). Taqriri
consists of the approvals of the Prophet. If something was done in front of him and he did not
disapprove it, then it is considered an approval. As an example, the Prophet approved the way
women prayed in the mosque; separate from the men, but in the same room. Faeli consists of
the Prophet (Peace be upon him)s deeds and practices, such as the way he used to pray or
perform Hajj. The actions of the Messenger can be divided into three parts. The first section
consists of those actions, which were natural to him as a human being, secondly, actions which
were specific to him as a Prophet, and thirdly, actions, which carry legislative impact.
There are 4 types of Ijma, namely explicit (ijma' 'azima or ijma' qawli). This type of ijma takes
place as follows: A question arises and people express their different views. Then there is
discussion on these views and finally a c a common position is agreed upon. Second type is
silent (ijma' rukhsat or ijma' sakuti). If an opinion is expressed by some and their
contemporaries, after learning about it, have made no comments either in favor or against, then
we ha have what is known as silent ijma'. Third one is unknown opposition ('adam al-ilm bi almukhalif). This situation occurs when a view generally held but it is not known whether or not
there are experts who disagree with it. The last one is absolute (ijma' qat'i). This is ijma' on a
matter in which there never has been any sustained difference (ikhtilaf mustaqar) and which is
established with tawatur (continuity), that is, we can show that all generations of Muslims or
Muslim mujtahidin agreed on the matter.

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However when someone asks a Muslim scholar about performing a specific action, the reply will
be a "fatwa" explaining which of these 5 categories this action would fall under. These 5
categories are obligatory, commendable, permissible, despised and not permitted.

1.3 Authority and Proof

The role of Sunnah as the second source of Islamic can be seen on the following verse:
Nor does he say (ought) of his own desire. It is no less than inspiration sent down to him.
al-Najm (53:3-4)
Allah clarified the fact that whatever originated from the Prophet s.a.w does not come out of his
own desire, but it is an inspiration of Allah.
The most frequently quoted ayah in support of Ijma in Al-Quran is,
if anyone contends with the Messenger Even after guidance has been plainly conveyed to him,
and follows a path other than that becoming to believers of Faith, we shall leave Him In the path
He has chosen, and land Him In Hell,- what an evil refuge! al-Nisa (4:115)
Commentators observe the way of the believers refers to consensus, and departure from that is
prohibited. Al-Shafii concluded that 4:115 provides clear authority of ijma and following any
other way is Haram.
There are many instances where the Qur'an gives us general guidelines, and calls upon us to use
our reason and intelligence, and seek guidance from Allah about what is right and wrong. Islamic
scholars use their knowledge and judgment to make new legal rulings (Fatwa). In the Qur'an,
Allah says,
...he [the Prophet] commands them what is just, and forbids them what is evil; he allows them
as lawful what is good, and prohibits them from what is bad..." (Qur'an 7:157).

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1.4 Crucial Roles
Scholars have identified 4 main roles of Sunnah with regards to the Quran. The first is to
reemphasises and reiterates the injunction of the Quran. Second role of Sunnah is to explain and
elaborates the concise injunction of the Quran. Sunnah also qualified the unqualified (mutlaq)
verses of the Quran and specified (takhsis) the general (amm) injunctions of the Quran. Lastly,
Sunnah may enact rulings on which the Quran is silent.
Ijma plays a crucial role in the development of Shari'a. The existing body of fiqh is the product
of a long process of ijtihad and ijma. Based on the opinion of Mohammad Hashim Kamali in
Principles of Islamic Jurisprudence, only ijma can put an end to doubt, and when it throws its
weight behind a ruling, this becomes decisive and infallible. Ijma has primarily been regarded as
the instrument of conservatism and of preserving the heritage of the past. Ijma also enhances the
authority of rules that are of speculative origin. Speculative rules do not carry a binding force,
but once an Ijma is held in their favor, they become definitive and binding. Lastly, Ijma represent
authority. Once an Ijma is established it tends to become an authority in its own right, and its
roots in the primary sources are gradually weakened or even lost.
However, Fatwa plays a crucial role especially in Islamic finance in regulating the market by
production of Islamic rules, Shariah standards and regulations. We can observe the significant
role of fatwa in settlement unclear issues in banking and finance by issuing Islamic ruling.
Besides, Fatwa ensures all financial transactions comply with the rules and principles of Shariah.
Fatwa also shows the rules of Shariah by issuing fatwa when needed by the industry and shows
what is lawful and what is unlawful in the financial transactions in banking and finance.

2.0 The Position of Fatwa in Malaysia

A fatwa is usually issued in order to resolve an issue when there is some doubt whether a
particular practice is permissible (halal) or forbidden (haram) in Islam.

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Under the Enactment, the power to make a fatwa rests with the Fatwa Committee. Whenever the
Committee proposes to make a fatwa, the Mufti has to call for the meeting of the Committee for
the purpose of discussing the proposed fatwa. In Kelantan and Johor, as well, the assent of the
Sultan is required before a fatwa can be gazetted. In the Federal Territories however, it appears
that the Mufti can make and publish a fatwa in the Gazette without the consent of the Agong.
When the fatwa has been assented to by the Sultan, the Majlis will inform the State Government
of the fatwa and the fatwa will be published in the Gazette.
There are a whole range of situations in which Muslims would appreciate having a point of
reference as to what is allowed and what is not. Whether organ transplants allowed in Islam and
can a Muslim make use of a sperm bank? These and many other issues have been addressed by
Muslim scholars in Malaysia and the specific answers to these issues can be found at Jabatan
Kemajuan Islam Malaysia (JAKIM) fatwa website (http://ii.islam.gov.my/e-fatwa) which
provides a list of fatwa that have been issued by the National Fatwa Council and individual
states.
For a fatwa to be lawful in Malaysia, the state Sharia Court has to endorse where the fatwa is
gazetted. Due to the fact that, the state Sharia Court has the authority on the enforcement of
fatwas in Malaysia, it can be deduced that standardising fatwa rules throughout Malaysia is a
difficult and challenging task to be achieved.
This is also because the National Council for Malaysian Islamic Affairs has no jurisdiction to say
that all the members of the council have to obey and follow the fatwa ruling that has been
declared by the council because the state governments has the jurisdiction and power on whether
the state would want to apply and enforce any fatwa ruling made by the National Fatwa
Council because religious matters come under its range of authority.
Evidently, the case where all states acknowledged and gazetted an identical fatwa is very little in
number. For example, prominent cases where all states in Malaysia have agreed to comply with

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and subsequently gazette fatwas that was issued as an outcome of the decision from National
Fatwa Committee Conference and certified by the Conference of Rulers would be on the issue of
banning the books written by Aurad Muhammadiyah as well as the Arqam group which is an
Islamic Fundamentalist group.

3.0 References
1.

Sunnah
http://beta.ilmpedia.net/Sunnah
http://www.dailyhadith.co.uk/forum/index.php?topic=541.0
http://ccm-inc.org/oldsite/iqra/articles/authsun/chap3.html
http://www.al-islami.com/islam/authority_of_sunnah.php
http://www.kalamullah.com/importance-of-the-sunnah.html

2. Ijma
https://www.google.com/url?
sa=t&rct=j&q=&esrc=s&source=web&cd=3&cad=rja&ved=0CDwQFjAC&url=http
%3A%2F%2Fglobalwebpost.com%2Ffarooqm%2Fwritings%2Fislamic
%2Fijma.doc&ei=a06IUs60I4LYrQfQv4GgDw&usg=AFQjCNHx8jZwl7eQWNZKVN1WN2UQKkc0g&sig2=uaFs8e6ywaoWEYvdIBAtaA&bvm=bv.566
43336,d.bmk
http://www.sunnah.org/fiqh/ijma.htm
3. Fatwa
http://en.wikipedia.org/wiki/Fatwa
http://www.encyclopedia.com/topic/fatwa.aspx#1-1G2:3424600948-full
http://islamicbanking2u.blogspot.com/2012/06/general-perception-of-fatwa-and-its.html