AN EXAMINATION OF FATWAS AND RELIGIOUS PLURALISM IN MALAYSIA: HISTORICAL FOUNDATIONS, LEGAL CHALLENGES, AND SOCIAL IMPLICATIONS

Abstract

Religious pluralism in Malaysia presents a complex and often contentious issue, particularly within the framework of Islamic legal perspectives and fatwas. The coexistence of common law and Islamic law (Shariah) creates a dual legal system in which religious freedom, state authority, and minority rights are constantly negotiated. Fatwas, as authoritative Islamic legal opinions, play a crucial role in shaping legal, social, and theological discourses, influencing governance and interfaith relations. However, their implementation has raised concerns, particularly regarding their impact on minority Muslim groups, such as the Shi’a community, and broader implications for religious governance and societal cohesion. This study critically reviews the historical and ideological underpinnings that inform the issuance of these fatwas and assess the impact of fatwas on interfaith relations, religious governance, and legal pluralism in Malaysia. It assesses their influence on interfaith relations, legal pluralism, and religious governance. A systematic review of academic literature, including articles, conference papers, and book chapters published between 2010 and 2023, was conducted. Using thematic analysis, this research identifies recurring patterns and emerging insights regarding the role of fatwas in regulating religious practices and shaping socio-political dynamics. Findings reveal that while Fatwas provide legal clarity in certain contexts, their rigid application often reinforces societal divisions and challenges pluralistic values. This study underscores the need for a more inclusive and adaptive approach to fatwa issuance and implementation. By promoting mutual understanding and respect, these recommendations can contribute to strengthening Malaysia’s multicultural framework and fostering sustainable religious coexistence.