186

Jurnal Hadhari 4 (2) (2012) 183 - 186

of the Islamic Academy i.e. the Organization of Islamic Conference in Jeddah

and the Accounting and Auditing Organization for Islamic Financial Institutions

(AAOIFI); 3) no methodology to clarify and make binding the best way to

research Islamic issues; and 4) lack of association to organize regular meeting

of all boards’ members. The writer also has discussed on six recommended

outlines for the third problem. The outlines were laid in the opinion of the

writer in order to make clear and informative methodology in transmission

process in making reference to jurists’ opinions which are follows; 1) the

word of

mufti

is referring to the word

mujtahid

, if one cannot complete the

requirement of being

mujtahid

, he only can be considered as a transmitter of

opinions; 2) thus the writer made it refers to the members of the board cannot

be referred as a

mufti

as they are the transmitter of the Shari’ah ruling; 3) a

jurists who has opportunity to transmit the opinions of the

mazhabs

in a given

issue, must be in one of two categories, either he is committed to following

particular

mazhabs

or he has more extensive knowledge; 4) the members of

the board should aware of the opinions of the jurists from all the recorded

mazhabs

on the issue they were made reference to; 5) they must be consistent

in transmitting the

Shari’ah

ruling for any issue from its sources; and 6) then,

there is no harm if they differ in giving preference to the particular opinion

they consider to be supported by the strongest evidence or that best achieves

public interest.

 

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