FATWA ‘ATHIYYAH SHAQAR (PEMIKIRAN TOKOH HUKUM ISLAM MESIR)

Abstract

Fatwa in general refers to the legal opinion issued by any Muslim jurist
(mufti) relating to certain rulings of Islamic law. In principle, fatwa serves as
a means of clarifying any issue that arises in Muslim society. This reflects that
fatwa and mufti are two crucial significant tools of providing legal guidance
within the ambit of the Shari'ah governing Muslims in their day-to-day affairs.
However, there are some contemporary scholars whose fatwas are approved
by state institutions and governments local. Still,  there is no clarity on their
thoughts and methods of the ijtihad in issuing their fatwas. One of the scholars
mentioned is 'Athiyyah Shaqar, a senior mufti from Egypt. This paper seek to
specify the maps of Islamic Legal Thought of ‘Athiyyah Shaqar, especially in
the mujtihad level, and most importantly, this paper analyzed the methods of
'Athiyyah Shaqar in answering the three contemporary fatwas; 1) Zakah to
help in marriage expenses 2) Radhâ laws of breast milk bank 3) Female
genital mutilation laws. Furthermore, the approach used was character
analysis patterened with literatur study. The results, ‘Athiyyah Shaqar's
position of thought in Islamic law is not as a mujaddid. In the context of the
mujtahid level which has been an important study in the literacy of usul fiqh,
‘Athiyyah Shaqar is at the level of Mujtahid Murajjih.