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The Dynamism Of Fiqh Of Property In Malaysia

The development of fiqh in Malaysia allegedly has always been at two major extremism. To certain quarters fiqhi fatwas in this country is too rigid and narrow and to others it is too lenient and loose. These claims and allegations impacted the credibility and integrity of the institutions and individuals involved with the development and implementation of fiqh itself. Hence this paper is written to discuss the understanding and practice of fiqh in this country, especially in relation to the property with special reference to some selected cases. This study will apply qualitative method of analysis where the collected data from the relevant texts and documents on some relevant items will be critically analyze based on the researcher’s understanding in order to achieve research aims and objectives. Based on the analysis of the data collected, it is found that the understanding and practice of fiqh in Malaysia is dynamic enough to cater for the relentless events that occur daily among Muslims society in Malaysia. At the same time it is also not too flexible and open to accept different understandings and interpretations that are beyond the mainstream understanding recognised and accepted by the major schools of Islamic law within the Sunnis branch of Islamic fiqh. © 2019 Published by Future Academy www.FutureAcademy.org.UK