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.