Fiqh Sabahi: A Rare Jurisprudential Path Towards an Inclusive Islamic Paradigm in Malaysia

Bungsu Aziz Jaafar, Mufti of Sabah, may be a lesser known figure due to his seemingly imperturbable personality and low public profile. Nevertheless, a notable and increasingly visible development in Sabah worthy of scholarly attention is his sustained effort to cultivate a distinctive intellectual discourse. This is encapsulated in his contextualised approach towards Islamic jurisprudence (fiqh), formally termed Fiqh Sabahi. First articulated by the Mufti in 2017, the concept has gradually gained traction among academics and religious leaders and is a subject of active discussion.

Within Malaysia’s prevailing climate of socio-religious conservatism, Prime Minister Anwar Ibrahim’s Kerajaan Madani (“Civil Government”) has faced significant constraints in advancing an inclusive Islamic paradigm grounded in the higher objectives of Islamic law (maqāṣid al-sharīʿah). The Fiqh Sabahi framework, within the confines of Sabah, may serve as a catalyst for overcoming this impasse.

During his presentation at a symposium on Sufi orders in the Malay world, in Putrajaya on 29 July 2017, Bungsu Aziz had underscored Sabah’s distinctive socio-cultural fabric. The state is home to no fewer than 37 ethnic groups; there is a consequent need for dakwah (Islamic outreach) and Muslim–non-Muslim engagement to be rooted in cultural sensitivity. In 2018, the Mufti formally introduced Fiqh Sabahi as an emerging framework aimed at adapting Islamic (Sharia) law, dakwah, education, and community life to Sabah’s multicultural and multi-religious reality.

In several respects, the approach offered by Bungsu Aziz differs from that of his counterparts in Peninsular Malaysia, including his fatwas on extending the greeting of salām to non-Muslims, and the permissibility of distributing qurbān meat (from an animal sacrificed during Eid al-Adha or Hari Raya Haji) and of distributing zakat (tithes) to non-Muslims. These rulings are framed as exercises in ijtihad (independent reasoning), developing locally effective outreach by integrating ḥikmah maḥalliyyah (local wisdom) into practice, to ensure relevance and impact. This is in line with the legal concept of ʿurf (local custom), which “emphasizes the critical importance of considering local wisdom in the construction of Islamic law”.

The Sabah Mufti’s Office has taken deliberate steps towards institutionalising Fiqh Sabahi. On 21 December 2024, it launched the Fiqh Sabahi Action Plan in collaboration with the Sabah Islamic Religious Affairs Department (JHEAINS), Sabah’s branch of the Department of Islamic Development Malaysia (JAKIM), and the Malaysian Ulama Association. Even the Sabah chapter of Parti Islam Se-Malaysia (PAS) expressed support for certain aspects of the plan, such as the permissibility of holding Friday congregational prayers with fewer than 40 participants. This contrasts with the practice of the Shafi’i school, dominant in most parts of Southeast Asia, which requires at least 40 men to be present for the prayer to be held.

…the initiative of the Sabah Mufti’s Office deserves commendation and emulation.

Academic engagements have refined the definition of Fiqh Sabahi, which is not conceived as a new sect but as a methodology of Islamic engagement in Sabah that recognises the state’s distinctive socio-religious realities compared to Peninsular Malaysia. It emphasises the promotion of Ahl al-Sunnah wa al-Jamāʿah (a Sunni term to refer to mainstream Islamic practice) — particularly the Ashʿarī tradition — as a bulwark against extremist ideologies, in line with the traditionalist opinion that only the Sunni creed can counter violence and extremism.

Sabahan scholar Nordi Achie, a prominent advocate, argues that Sabah’s unique patterns of thought and multicultural way of life necessitate a Fiqh Sabahi that is dynamic, empathetic, and progressive. This, he suggests, entails a fiqh akal budi (jurisprudence of intellect and wisdom) attuned to the psychology and personality of Sabah’s diverse society, characterised by religious and cultural plurality. Fiqh Sabahi, in his view, offers Muslims a space to practise Islam in a manner that is comfortable and contextually relevant, affirming that Islam is neither opposed to culture nor estranged from modernity. Instead, it presents Islam as harmonious with Sabah’s pluralistic milieu, akin to other long-established religious traditions in the state. Importantly, it strengthens Muslims’ enduring bonds with non-Muslim communities, many of which are linked through interfaith and inter-ethnic family ties.

One of the most publicly discussed rulings under Fiqh Sabahi is the permissibility of Muslims wishing “Merry Christmas” to Christians, which is framed as a matter of social courtesy and goodwill that does not compromise Islamic creed. (Sarawak’s Mufti’s Office has stated that it is permissible.) This opinion contrasts with that of many other scholars in the region who consider it haram (impermissible).

The introduction of Fiqh Sabahi is striking, given the absence of any serious effort by other religious leaders to integrate local cultural practices into the framework of Islamic law. In fact, muftis in Peninsular Malaysia have tended to close off avenues for interfaith dialogue between Muslims and non-Muslims, imposing boundaries that reinforce a narrowly defined Malay Muslim cultural identity. This could be due to differing religious orientations in various states, and in politics, where a politician visiting a non-Muslim house of worship is enough to provoke controversy.

In this respect, the initiative of the Sabah Mufti’s Office deserves commendation and emulation. Perhaps states such as Selangor and Penang would benefit from adopting a similar place-based approach that considers the urban landscape, the coexistence of diverse ideological currents, and their substantial non-Muslim populations as significant factors. Only through such a contextualised ijtihād can Islam in Malaysia be interpreted and practised in a manner that avoids excessive rigidity and dogmatism.

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