Local family fiqh in Malaysia: an analysis of `urfi methodological framework

• Main Authors: Haneef, Sayed Sikandar Shah, Sitiris, Miszairi, Mohd Yunus, Saidatolakma
• Format: Conference or Workshop Item
• Language: English; English; English
• Published: 2020
• Subjects: KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning.
• Online Access: http://irep.iium.edu.my/86681/2/NSCF%20PROGRAMME%20BOOK%20-methodological.pdf; http://irep.iium.edu.my/86681/3/Local%20Family%20Fiqh%20in%20Malaysia%20An%20Analysis%20of%20%60Urfi%20Methodological%20Framework.pdf; http://irep.iium.edu.my/86681/18/86681_Local%20family%20fiqh%20in%20Malaysia-method.pdf; http://irep.iium.edu.my/86681/
• Institution: Universiti Islam Antarabangsa Malaysia

The on-going advocacy for developing local fiqh, among others, emphasizes an indigenous approach to evolving fiqh by highlighting the flaws in the dominant approach to family law reform and renewal. One of their methodological tools is to examine the existing family fiqh from its `urfi based content as well to explore ways of resolving new emerging usages and customs, which differ from the custom of people in other communities in the Muslim world. Critics, however, have some misgivings about this approach and see it as a kind of post-modernist thinking, the thrust of which is to raise scepticism about religious content of any intellectual argument. To rebut such an argument, following content analysis method, this paper argues by concluding that an Islamic juridical approach to insist on legislative significance of local custom in evolving a local family fiqh is governed by a set of methodological frameworks and parameters which can safeguard it against any suspicion for secularization.