تضارب الفتوى بين الهيئات الشرعية للمؤسسات المالية الإسلامية و سبل مجانستها

Abstract EN

This research aims to discuss the root cause of conflict of fatwa (Islamic advisory opinion) between Shariah bodies as it constitutes an obstacle that cannot be over- looked in the distinguished process of Islamic banking business even though it is still at its infancy stage.

To get to the root of conflict of fatwā it is of paramount importance to establish the essence of Shariah Committees in Islamic financial institutions.

And to point out the danger of the fatwā and confirm high status of fatwā as it is Shariah endorsement on behalf of Almighty Allah pertaining to His [Allah] legal rulings on His servants (mukallafin).

Thereby, the research will fur- ther examine the core subject and effects of conflict of fatwā, causes and ways to harmonise the conflict.

The research uses the descriptive and inductive methods to conduct its investigation.

The descriptive method requires to study the phenom- enon and analyse it as evidenced by the reality.

Subsequently, will explore ways to harmonise the conflict and provide evidence to support it.

The research concluded that the conflict of fatwā does not serve the development of Islamic banking op- eration as anticipated by practitioners whom foresee Islamic banks as alternate to conventional banking system or interest-based banking system.

It is believed that Islamic banking operation in this manner will rupture the necessary segment is ex- pected to unite and re-join.

Further, the standardisation of fatwā is a difficult task and almost impossible to realise.

The only option left is to harmonise it through mutual agreement on common features that regulate ijtihad (juristic reasoning) on Islamic banking operations which result in standardisation of method of fatwā.

One of the features of this standardised method is moderation in deducing fiqh rulings.

Such moderation does not conflict with adoption of lesser approach as relaxation of fiqh doctrines provided it is furnished by evidence and free from self- desire.

The moderation also can be manifested in the Islamic bank’s disposition to make easy profit or be relieved from certain restrictions taking into account end result and far from hiyal (tricks).