FatwaFederal TerritoriesLegal Theory & Methodology
IRSYAD USUL FIQH SIRI KE-69: PENGERTIAN AL-IKHTIYAR AL-FIQHI
What is the meaning of al-Ikhtiyar al-Fiqhi and how is it used by scholars in issuing rulings and fatwas?
Short answer
Al-Ikhtiyar al-Fiqhi has two definitions. The first is choosing a view outside the established position of the school based on evidence, which still remains within the Shafii framework.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Federal Territories Mufti Office
- Date
- Status
- Opinion (irsyad)
- Series
- Irsyad Usul al-Fiqh
- Topic
- Legal Theory & Methodology
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
Al-Ikhtiyar al-Fiqhi has two definitions. The first is choosing a view outside the established position of the school based on evidence, which still remains within the Shafii framework. The second is deriving rulings from usuli evidences through ijtihad without naming the owner of the views, which is not bound to any school. The fatwa also notes that adopting another school's view or a weaker view is permissible when there is a need and a benefit.
Written in our own words from the original fatwa — check the source before acting on it.
Maka berdasarkan pentakrifan yang kedua ini maka al-Ikhtiyar al-fiqhi tidak tertentu kepada mazhab tertentu sahaja[6].
Read the full fatwa on the Federal Territories website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Federal Territories Mufti Office. “IRSYAD USUL FIQH SIRI KE-69: PENGERTIAN AL-IKHTIYAR AL-FIQHI”, 18 July 2022. https://muftiwp.gov.my/ms/artikel/irsyad-usul-fiqh/5347-irsyad-usul-fiqh-siri-ke-69-pengertian-al-ikhtiyar-al-fiqhi. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/meaning-of-al-ikhtiyar-al-fiqhi/