E-Prosiding Persidangan Serantau Manasik Haji 2025 (MANASIK2025)

MANASIK2025 Putrajaya, Malaysia, 7-8 Oktober 2025 638 1. Textual dependence. The study relies exclusively on documentary sources and does not incorporate empirical data from pilgrims, muftis, or technology developers. As such, it cannot capture lived experiences of fatwa usage or user trust in AI-driven systems. 2. Rapidly evolving technology. AI technologies evolve faster than doctrinal analysis. Conclusions drawn today about generative AI risks or capabilities may need updating within a short time frame (Bender et al., 2021). 3. Malaysia-specific context. While Malaysia’s fatwa governance system provides a rich case study, findings may not be generalizable to jurisdictions with different institutional structures (e.g., Saudi Arabia or Indonesia). 4. Interpretive subjectivity. Qualitative thematic coding inherently involves researcher interpretation. Although grounded in authoritative sources, different scholars may categorize themes differently. These limitations suggest that future studies should adopt mixed methods , incorporating interviews with muftis, surveys of pilgrims, and technical evaluations of AI prototypes to triangulate findings and enhance validity. ANALYSIS & RESULTS The findings of this study are organized thematically in line with the research objectives: (i) examining the conditions for valid fatwa issuance in Sharīʿah and Malaysian legal frameworks, (ii) identifying recurrent Hajj/ʿUmrah issues requiring guidance, (iii) analyzing the potential and risks of generative AI in fatwa automation, and (iv) proposing a maqāṣid al - sharīʿah– based conceptual framework for AI- driven fatwa in the Malaysian context. 1. Conditions for Valid Fatwa Issuance in Malaysia 1.1 Sharīʿah Foundations The doctrinal analysis revealed that fatwa issuance in Islam is governed by uṣūl al -fiqh conditions: • Competence of the mufti ( ahl al- ijtihād ), requiring mastery of Qurʾān, Sunnah, Arabic, jurisprudential principles, and awareness of contemporary realities (Kamali, 2003). • Evidentiary reasoning ( istidlāl ), which obliges the mufti to provide justification from the Qurʾān, Sunnah, consensus, or analogy. • Contextual sensitivity , ensuring that fatwa responds to the circumstances of the questioner ( waqiʿiyyah ). These conditions affirm that fatwa is not merely a textual ruling but a process involving reasoning, accountability, and contextual application. 1.2 Malaysian Legal Framework Analysis of state enactments shows that fatwa issuance in Malaysia is a state prerogative , with each State Mufti Committee empowered to deliberate and issue rulings. For a fatwa to be binding , it must be consented to by the ruler and gazetted. At the national level, the Muzakarah of the National Council for Islamic Religious Affairs (MKI) produces resolutions, which are advisory unless formally adopted by a state. Furthermore, the Muzakarah Haji Kebangsaan , conducted annually with Tabung Haji (TH), state muftis, and subject- matter experts, generates resolutions tailored to recurring Hajj and ʿUmrah issues. These resolutions, while not legally binding, function as de facto guidance for pilgrims and TH officials.