ENACTMENT NO. 3 OF 1952
ADMINISTRATION OF MUSLIM LAW ENACTMENT, 1952

PART II - MAJLIS
Mufti and Legal Committee



Section 41. Rulings (Fetua)

(1) Any person may, by letter addressed to the Secretary, request the Majlis to issue a fetua or ruling on any point of Muslim law or doctrine or Malay customary law. On receiving any such request the Secretary shall forthwith submit the same to the Chairman of the Legal Committee.

(2) The Legal Committee shall consider every such request and shall, unless in its opinion the question referred is frivolous or for other good reason ought not to be answered, prepare a draft ruling thereon. If such draft ruling is unanimously approved by the Legal Committee or those members thereof present and entitled to vote, the Chairman shall on behalf and in the name of the Majlis forthwith issue a ruling in accordance therewith. If in any such case the Legal Committee is not unanimous, the question shall be referred to the Majlis, which shall in like manner issue its ruling in accordance with the opinion of the majority of its Members:

Provided that on special grounds the Majlis in lieu of issuing such ruling may refer any such question to His Highness the Sultan for his determination.

(3) The Majlis may at any time of its own motion make and publish any such ruling or determination.

(4) If in any Court other than the Court of the Kathi Besar or a Court of Kathi any question of Muslim law or doctrine or Malay Customary law falls for decision, and such Court requests the opinion of the Majlis on such question, the question shall be referred to the Legal Committee which shall, for and on behalf and in the name of the Majlis, give its opinion thereon in accordance with the opinion of the majority of its members, and certify such opinion to the requesting Court.




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