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芸術と社会科学ジャーナル

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

Abstract

Muhammad IM

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 endeavor. On the other hand Pakistan is also an Islamic country and its constitution of the country is Islamic. Fatwa in Pakistan is not institutionalized. There are a lot of problems raised in Pakistan and reason is that there is no any Islamic legal institution to administer that issues. There is a need to take Malaysia Fatwa as a model to give legal status and give judiciary the power to implement that Islamic verdict.

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