[ms] The Influence of the Shafi’i School of Law in Legal Opinion of Tithe in Terengganu

Abstract

This study attempts to identify the extent of influence of the Shafi’i school of law into Islamic legal opinions related to tithein the state of Terengganu. A total of 104 legal opinions are analyzed since 1953 to 2005. It is measured via referencesthat used when such a legal opinion is decided. This research is a qualitative research by using inductive and comparativemethods. In terms of references of legal opinions, the study finds that 79.8 percent did not mention clearly the sources ofreferences. This is followed by a clear citation mentioning Shafi’i’s references, namely 10.57 percent, and 2.88 percentstating other than the Shafi’i school of law including the views of contemporary Muslim scholars. While 0.98 percentmentions references of the Shafi`i school of law together with other school of law. Based on the statistics, it could be saidthat it does not potray an accurate measurement as to the influence of the Shafi’i school of law in the legal opinions. Evenso, by making an in-depth analysis of study, it finds that the Shafi’i school of law dominates into legal opinions of tithein Terengganu, namely 90.37 percent of the total legal opinions, although some can be adapted to other schools that areconsidered parallel to the Shafi’i school of law. The study also finds that there are several legal opinions that having thesame legal conclusion even if they are decided in a different year. There are also a number of legal opinions that havingthe same problem but decided in different solutions. This occurs when there is different atmosphere and situation as wellas such legal opinions decided not contrary to the objectives of Islamic law.Keywords: Shafi’i school of law; Islamic legal opinion; tithe; TerengganuDOI: http://dx.doi.org/10.17576/islamiyyat-2014-3602-07