Pendalilan Darurah Dalam Isu Muamalat Bagi Keputusan Muzakarah Jawatankuasa Fatwa Majlis Kebangsaan Bagi Hal Ehwal Ugama Islam Malaysia

Among the factors that change the islamic law is because of hajat and darurah. Islam accepts the changes in the islamic law to ensure that the ummah is not in difficulty in implementing the Shariah orders. Howeverthe position of darurah cannot be taken lightly without proper assessment. The aspect of darurah is not only consideredin the consideration of maqasid shariahin the context of harm and benefit only, but also the harm to religion, life, intellect, lineage and property should be detailed. The failure in using correct evidence and argument will result in errors for darurah issues. This will also effect to the laws which people will take easy by using the reason of darurah. Indeeds, darurah is not only happen in ibadat, but also covers muamalat, munakahatand others. Because the issue of muamalat is one of the most debated and the decision of muzakarah in this aspect of muamalat is among the many decided by The National Council for Islamic Religious Affairs Malaysia (MKI), therefore, this study will explain the position of darurah in the islamic law and identify the argument of darurah in the issue of muamalat.This study focuses on the results of the muzakarah that has been issued by the MKI Fatwa Council because this institution is authorize as used to clarify the legal status of current islamic issues in Malaysia.This study is qualitative in nature through the collection of secondary data that is analyzed by content analysis.The findings show that the argument by the committee for the issue of darurah in muamalat includes the evidence of the al-Quran from surah al-Baqarah verse 185, al-Haj verse 78, al-Baqarah verse 173 and al-An'am verse 119. Only one Hadith is used as evidence and 10 fiqhiyyah methodsthat reinforce and support the evidence of the al-Quran and Hadith. The Council also emphasizes the aspect of maqasid shariah and also guided by statistical facts as a reinforcer of the argument. These evidences are the basics in determining the islamic law for issues in darurah, especially in muamalat