Enactment of Fatwa

Administration of the Religion of Islam (State of Selangor) Enactment 2003

44. Appointment of Mufti and Deputy Mufti

  • 1. His Royal Highness the Sultan shall appoint any fit and proper person to be the Mufti and Deputy Mufti for the State of Selangor.
  • 2. The appointment of the Mufti and Deputy Mufti shall be published in the Gazette.
  • 3. Upon the commencement of this section, the person who is the Mufti and Deputy Mufti for the State of Selangor immediately before the commencement of this section shall be deemed to have been appointed under this section as a Mufti and Deputy Mufti for the State of Selangor and shall continue to hold such appointment.

45. Functions of the Mufti

Mufti shall aid and advise His Majesty the Sultan in respect of all matters of Islamic Law, and in all such matters shall be the chief authority in Negeri Selangor after His Majesty the Sultan, unless otherwise provided in this Act.

45. Functions of the Mufti

  • 1. There shall be a committee known as the Fatwa Committee.
  • 2. The Committee shall consist of: -
    • a. the Mufti, as Chairman;
    • b. the Deputy Mufti;
    • c. the State Legal Adviser;
    • d. two members of the Majlis nominated by the Majlis;
    • e. An officer of the Islamic Religious Department of Selangor who is well versed in Hukum Syara’ to be appointed by the Majlis;
    • f. Not less than two persons and not more than seven fit and proper persons appointed by the Majlis; and
    • g. An officer from the Mufti’s Department appointed by the Majlis, as Secretary.
  • 3. Any person who, before the commencement of this section, was a member of the Islamic Legal Committee established under the previous Enactment shall, subject to subsection (4), be deemed to have been nominated or appointed as a member of the Fatwa Committee and shall be a member of the Fatwa Committee until the expiry of his term of Committee appointment under the previous Enactment.
  • 4. The Fatwa Committee may, subject to this Enactment, determine all questions relating to its procedure and practice.

47. Power of the Fatwa Committee to prepare a fatwa.

Subject to section 51, the Fatwa Committee shall, on the direction of His Royal Highness the Sultan, and may on its own initiative or on the request of any person by letter addressed to the Mufti, prepare fatwa on any unsettled or controversial question of or relating to Hukum Syarak.

48. Procedure in making a fatwa

  • 1. Before a Fatwa Committee makes a fatwa, the Mufti may cause any study or research to be carried out as directed by him and a working paper to be prepared.
  • 2. Whenever the Committee proposes to make a fatwa the Mufti shall call a meeting of the Fatwa Committee for the purpose of discussing the proposed fatwa.
  • 3. After a fatwa is prepared by the Fatwa Committee, the Mufti shall, on behalf and in the name of the Fatwa Committee, submit the fatwa prepared to the Majlis.
  • 4. The Majlis may, after deliberating upon the fatwa, make a recommendation to His Royal Highness the Sultan for his assent for the publication of the fatwa in the Gazette.
  • 5. The recommendation made under subsection (4) shall be accompanied by an explanatory memorandum and comments from the Majlis if the Majlis considers such explanation or comments are required.
  • 6. When a fatwa has been assented to by His Royal Highness the Sultan, the Majlis shall inform the State Government of the fatwa and thereafter shall cause the fatwa to be published in the Gazette.
  • 7. A fatwa published in the Gazette shall be accompanied by a statement that the fatwa is made under this section.
  • 8. A fatwa shall be published in the national language in the Rumi script, but the text of the fatwa in the Jawi script may also be published.
  • 9. Any statement made by the Fatwa Committee shall not be taken to be a fatwa unless such statement is published in the Gazette in accordance with subsection (6).

49. A fatwa published in the Gazette is binding

  • 1. Upon its publication in the Gazette, a fatwa shall be binding on every Muslim in the State of Selangor as a dictate of his religion and it shall be his religious duty to abide by and uphold the fatwa, unless he is permitted by Hukum Syarak to depart from the fatwa in matters of personal observance.
  • 2. A fatwa shall be recognised by all courts in the State of Selangor of all matters laid down therein.

50. Amendment, modification or revocation of fatwa

  • 1. A Fatwa Committee may amend, modify or revoke any fatwa that has been published in the Gazette under this Enactment or under the previous Enactment.
  • 2. An amendment, modification or revocation of a fatwa shall be deemed to be a fatwa and the provisions of section 48, except subsection 48(7), shall apply thereto.
  • 3. An amendment, modification or revocation of a Fatwa published in the Gazette shall be accompanied by a statement that the Fatwa is made under subsection (1).

51. Fatwa which relates to matters of national interests

  • 1. Notwithstanding the powers of the Fatwa Committee under section 47, whenever it appears to the Fatwa Committee that a fatwa proposed to be made is related to matters affecting national interest, the Fatwa Committee shall adjourn its discussions on the proposed fatwa and submit the matter to the Majlis.
  • 2. After deliberating upon the matter, the Majlis may make a recommendation to His Royal Highness the Sultan for his assent to refer the proposed fatwa to the National Fatwa Committee, through the Conference of Rulers.
  • 3. Without prejudice to the generality of subsection (1), a fatwa shall be deemed to be related to matters affecting national interest if the question is related to any matter, policy, programme or activity which directly affect the interest of the Federal Government, a State Government or any of its ministries, departments or agencies.
  • 4. If His Royal Highness the Sultan gives his assent under subsection (2), the Majlis shall, before the fatwa is referred to the National Fatwa Committee, inform the State Government of the reference.
  • 5. When a proposed fatwa has been referred to the National Fatwa Committee, the Committee shall present its advice and recommendations to the Conference of Rulers in accordance with subsection (2) on the matter.
  • 6. If the National Fatwa Committee advises or recommends that the proposed fatwa be made, with or without any modification as it may recommend, or advises or recommends another fatwa on the same matter and the Conference of Rulers have agreed with the advice and recommendation of the National Fatwa Committee, the Majlis shall consider the advice and recommendation and thereupon may cause the fatwa according to such advice and recommendation to be published in the Gazette without any amendment or modification, and the provision of section 48, except subsection 48(7), shall apply thereto.
  • 7. A fatwa published in the Gazette shall be accompanied by a statement that the fatwa is made under this section.

52. Adoption of advice and recommendation of National Fatwa Committee.

  • 1. The Fatwa Committee shall adopt any advice and recommendation of the National Fatwa Committee which affects any act or observance which has been agreed upon by the Conference of Rulers as an act or observance which extends to the Federation as a whole pursuant to Clause 2(b) Article 38 of the Federal Constitution.
  • 2. The advice or recommendation adopted by virtue of subsection (1) shall be deemed to be a fatwa and section 48, except subsection 48(7), shall apply thereto.
  • "3. A fatwa published in the Gazette shall be accompanied by a statement that the fatwa is made under this section. Request for opinion of Fatwa Committee 53. If, in any Court other than a Syariah Court any question on Hukum Syarak calls for a decision, the Court may request for the opinion of the Fatwa Committee on the question, and the Mufti may certify the opinion of the Fatwa Committee to the requesting Court. "

54. Qaul muktamad to be followed.

  • 1. In issuing any Fatwa under section 48, or certifying an opinion under section 53, the Fatwa Committee shall ordinarily follow qaul muktamad (the accepted views) of the Mazhab Syafie.
  • 2. If the Fatwa Committee is of the opinion that following the qaul muktamad of the Mazhab Syafie will lead to a situation which is repugnant to public interest, the Fatwa Committee may follow the qaul muktamad of the Mazhab Hanafi, Maliki or Hanbali.
  • 3. If the Fatwa Committee is of the opinion that none of the qaul muktamad of the four Mazhabs may be followed without leading to a situation which is repugnant to public interest, the Fatwa Committee may make the Fatwa according to ijtihad without being bound by the qaul muktamad of any of the four Mazhabs.

 

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