Methods on How Fatwa - Free Essay Example

Methods on How Fatwa was proposed and gazetted. Generally fatwa means answers of muslim scholars based on their knowledge on the primary source of Islamic law on a particular issue that is raised. Mainly it is to resolve an issue when there is a doubt on Islamic religious practice that is permissible(halal) or forbidden (haram)[1]. Therefore, there are some methods in publishing and binding of the fatwa in Malaysia. The gazetted fatwa are to be obeyed and abide by all the Muslims in that state and also the Syariah Court for that state.[2] The first step to be taken, before making a fatwa is to form a Fatwa Committee that is in charge for the making of a fatwa. The fatwa committee stands by Mufti as the Chairman, Deputy Mufti as the State Legal Advisor, two members of the Majlis Agama Islam, an officer from the Jabatan Agama Islam of each state, two to seven people that is fit and are well appointed by the Majlis Agama Islam and lastly an officer from the Mufti Department who perform his task as the secretary of committee. The second step, secretarial duties is the responsibility to handle the call or to invite every member of the council for bermuzakarah. Each of them will be called if there is a new issue that has arisen and will then return to their respective states to take decisions as a result of discussions at national level. The Secretariat is also listed in this organization and it is the responsibility of the Secretariat and International Affairs Division, JAKIM[3]. Before the committee decides on a fatwa the Mufti would be carrying out a research and a paper works to determine the purpose, the bindingness of the fatwa towards Muslims and to make sure that it is not overruling the primary source of Islamic Law that is Al-Quran and Sunnah. In National level, the procedures of making a fatwa is different compare to state level. It involves a fatwa for a nation and the states that are to be placed under the jurisdiction of the national fatwa. In addition, there has been a Kebangssan Fatwa Council to monitor and coordinate the Fatwa Committee states, especially in a big problem or issue involving the question of the country or the faith of Muslims themselves. Among the issues that have been settled or decided is whether lawful or unlawful Amanah Saham Malaysia, holding al-Arqam, the anti hadith and other. The third step, is the consideration of Fatwa Commi ttee on the Fatwa that has been decided. Here each member will use their expertise in finding the answer to the case or issue arising under the laws of productive resources such as the Quran, the Sunnah, consensus, qiyas and ijtihad(personal legal reasoning)[4]. After the consideration of the Fatwa Committee, the Mufti on behalf of the Committee will bring the decide Fatwa to the Majlis Agama of each state to be discussed or debated with each member of the council at the state level. Even though there is a fatwa that was decided by the National Fatwa Committee, but still there is a tendency for each state to amend the text of the fatwa after it was brought back to the states respectively, and are determined by the state fatwa committee respectively. Despite the fatwa made ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã‚ ¹ÃƒÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã‚ ¹at the national level is a decision of the majority of the mufti who is a member, but the changes still occur when it is discussed a t the state level even if the fatwa is a majority decision of the mufti. The state that is chosen to do a research on the Fatwa is Selangor[5]. Therefore, after the Majlis had discussed about the Fatwa Majlis Agama Islam have to get the state Sultan royal assent to be gazetted or to be published. In addition, before the royal assent of the Sultan the Conference of Rulers must be agree on the Fatwa that has been proposed by the Mufti. In the state of Kelantan and Johor Bahru the Sultan royal assent is a necessary to be gazetted. However, in the Federal Territories the Mufti can publish the Fatwa in the Government Gazette without the Yang Di-Pertuan Agong royal assent. After the royal assent of the Sultan was given, the Majlis Agama Islam informs the State Government about the Fatwa and the Fatwa will be published in the Government Gazette. The Fatwa published will be binding to the all Muslims in the particular state. Thus, the Fatwa is more binding and persuasive the Muslims i n Selangor. The Enactment states that all Muslims duty is to abide and uphold the Fatwa unless he is permitted by Hukum Syarak to expelled himself from the Fatwa because of his personal observance.[6] Setting fatwa specified in the law that has been decided based on the evidence before it is no longer necessary qatie someone refers fatwa. This is because the law void fatwa clearly determined based on the proposition that qatie more clearly and completely. In addition, the ruling determined only referred to problems that there is no law. This is an effort to take care of issuing fatwas and human betterment that is not too inconvenient. Therefore, the determination of the law to be respected and cared for in order to be a reference to the next generation[7]. Other than that, the Fatwa Committee is expected to follow the tenets of the Syafie School. However if the Committee believes that following the tenets of the Syafie school would lead to a situation repugnant to public in terests, the Fatwa Committee can turn to the tenets of the Hanafi, Maliki or Hanbali schools[8]. In the case of a conflict of fatwa opinions involving two people of mufti or more in the same problem, the committee members will choose a fatwa that was decided by the mufti of the more pious and devout. When the two muftis have similarities in these properties must also follow the fatwa that was decided by the mufti of the more assertive and exercise the care and caution in issuing fatwa. If both are the same curiosity in these matters, then can choose what fatwa to be followed[9]. In another case, when a mufti who follow his fatwa has died, his position will be replaced by another new mufti. When he issued a fatwa new and different turns with the fatwa was made by the previous mufti of the same problem, then the scholars motion has different opinions on the fatwa which should be followed. For those who think the law should follow the ruling made ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã‚ ¹ÃƒÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã‚ ¹by the mufti who had died, they reasoned that the law is not void because the deceased was not a fatwa mufti. While that opinion needs to follow the law made ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã‚ ¹ÃƒÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã‚ ¹by the new mufti argued that there is at that time was more aware of the environment and current needs. This is because the life or death of a mufti is not a major factor either for use or leave the fatwa[10]. Tentative conclusion, we are able to know that the institution of fatwa is an institution that is very useful and indispensable in solving all the problems of society whether it is big or small problems, fatwa institutions will also issue a new law for the problem. Therefore, institutions should always be lifted fatwa country status as an important institution in the country and it also shows the importance of a country with a majority Muslim community to keep sharia law in their lives. [1] https://aliran.com/archives/monthly/2005a/2h.html [2] Apa Itu Fatwa? (E-Fatwa ) https://www.e-fatwa.gov.my/apa-itu-fatwa accessed 9 August 2014 [3] https://usulfiqh20102011.blogspot.com/2011/04/fatwa-prosedur-dan-pengamalannya-di.html [4] https://usulfiqh1.blogspot.com/2010/04/prosedur-pengeluaran-fatwa-peringkat.html [5]https://www.ikim.gov.my/index.php/en/utusan-malaysia/6750-prosedur-sebelum-mufti-keluarkan-fatwa [6] Understanding fatwa in the Malaysian context. (2005). Retrieved July 26, 2014, from https://aliran.com/archives/monthly/2005a/2h.html [7] https://www.ukm.my/juum/JUUM 2006/Prosedur_Mengeluar_dan_Menguatkuasa_Fatwa [8] https://www.e-fatwa.gov.my [9] https://ww2.utusan.com.my/utusan/special.asp?pr=PR11y=2004dt=0102pub=Utusan_Malaysiasec=Rencanapg=re_02.htm [10] https://usulfiqh1.blogspot.com/2010/04/prosedur-pengeluaran-fatwa-peringkat.html

Quality Assurance And Quality Management Methods - 1100 Words

Quality Assurance And Quality Management Methods (Research Paper Sample) Content: Introduction to Quality Assurance and Quality Management MethodsName:Institution:Introduction to Quality Assurance and Quality Management MethodsToday, there are various problems associated with the healthcare system; however, it is not in good practice for a health professional to use an organizational problem as an excuse for poor service. For instance, the issue of being understaffed only brings clients into a collaborative state; as a result, they would tend to cut on some of their demand to allow doctors to attend to other patients (Stephenson, 2011). That is very detrimental to their health. Being understaffed might only affect the number of patients that the medics attend to, but it cannot in any way compromise on the qualitative aspect of their services. Nurses should only strive to manage their time well, focus on the scripting and their quality check-list to deliver better results (Stephenson, 2011). In one of the interviews conducted in the nursing times, the then secretary of health in Britain, Andrew Lansley argued that it is rare to point out a never event that occurred due to understaffing. In his view, most of these situations arise due to incorrect administration of medical services that have no properly examined processes (Stephenson, 2011). I am of the same opinion as Andrews; the management should come up with quality control checks and also focus on the individual members responsible for the damage and disregard the understaffing claims.In retrospect, the term never event, in relation to healthcare, was introduced by the former boss of the National Quality Forum (NQF), Ken Kizer (Wilcox et al, 2015). He meant to describe the wrong-site surgeries as events that should never take place (Wilcox et al, 2015). Traditionally, there were clear procedures that, if effectively complied with, would accurately determine the right operative sight, therefore, avoiding such flimsy mistakes. The term was again adopted in a discussion conc erning the rising numbers of preventable clinical errors that were being made on a recurrent basis. Following these two instances, it has been the norm in the healthcare industry to refer to such errors as never events-clinical errors that are preventable and should not be allowed to occur (Wilcox et al, 2015). In 2002, the NQF defined 27 events that satisfy the threshold of a never event. With time, the list grew to 29 elaborate events that are categorized into seven distinct groups. They include surgical, environmental, devices, criminal, patient protection, care management and radiologic events (Wilcox et al, 2015).In this case, a patient who had a surgical cut at the entrance of her vagina during childbirth needed suturing to hold the cut vaginal tissues together. To facilitate the suturing process, the medics placed three swabs in the vagina. They were all supposed to be removed at the end of the suturing procedure. When everything was done, the medics only removed one swab ins tead of three. That was later realized some days after the patient, and the baby had already left the hospital premises (NHS England Patient Safety Domain, 2015). The two swabs fell off. When confronted on the matter, the nurses and the doctors used understaffing as an explanation to justify such a grave mistake. It met the description of a never event since the removal of every swab was to be ensured at the end of the process, and they were also retained unintentionally.To assess the validity of the nurses and doctors claims, first and foremost one would first consult with the management to ascertain if the number of staff meets the number set by the statutory laws. According to Youles (2016), there is no single factor that affects the quality of healthcare than staffing. That is regardless of whether the quality results are examined by time or conditions. If indeed, his claims are anything to go by, then one would argue that maybe the doctors and nurses had several other patients to attend to, and as a result of the rush, the two swabs were left in the vagina. However, if the hospital human resource meets the required number by the law, then one would determine that those claims are mere hearsay. Alternatively, one would also use a checklist to authenticate such claims. As part of their quality assurance programs, many hospitals have adopted the use of procedural check-list to ensure that their professionals do the right thing when handling patients (Youles, 2016). Therefore, in this case, one would quickly use the checklist to ascertain whether the medics complied with every step of that process. If the last process, which involves the removal of swabs is not marked, then it only means that suturing wasnt done procedurally, thus amounting the error to a never event. Lastly, one can also decide to cross-check the incident with the never events that are stipulated by the NQF. While using this technique, the above case would still qualify the definition of a never event because foreign things have been retained in a patient after a surgical process. The NQF define such objects as items that should be subject to a formal counting/checking process at the commencement of the procedure and a counting/ checking process before the procedure is completed (such as swabs, needles, instruments and guide wires) (NHS England Patient Safety Domain, 2015, p.4).With reference to the general human philosophy that no human being is perfect, never events are bound to continue happening. It is therefore incumbent upon the healthcare practitioners to know how such mistakes can be avoided to offer better services. In this case, the management can opt to adopt the use of modern medical technology and also practice in tandem with the general guidelines that have been put in place to ensure efficiency in the facilities (Wilcox et al, 2015). Also, one can recommend that all the medics be grouped according to their areas of specialization to ensure that ...