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

PART II - MAJLIS
Mufti and Legal Committee



Section 42. Authorities to be followed.

(1) In making and issuing any ruling in manner hereinbefore provided the Majlis and the Legal Committee shall ordinarily follow the orthodox tenets of the Shafeite sect:

Provided that, if it is considered that the following of such orthodox tenets will be opposed to the public interest, the Majlis or the Legal Committee may, unless His Highness the Sultan shall otherwise direct, follow the less orthodox tenets of the Shafeite sect;

Provided further that, if it is considered that the following of either the orthodox or the less orthodox tenets of the Shafeite sect will be opposed to the public interest, the Majlis or the Legal Committee may, with the special sanction of His Highness the Sultan, follow the tenets of any of the three remaining sects as may be considered appropriate, but in any such ruling the provisions and principles to be followed shall be set out in full detail and with any necessary explanation.

(2) In making and issuing any ruling in accordance with the provisions of this section, the Majlis shall have due regard to the Adat Istiadat Melayu or Malay customary law applicable in the State.

(3) Any ruling given by the Majlis, whether directly or through the Legal Committee, or any determination of any question by His Highness the Sultan in accordance with the foregoing provisions shall, if the Majlis so determine or if His Highness the Sultan so directs, be published by notification in the Gazette and shall thereupon be binding on all Muslims resident in the State .




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