Section 7. Fetua (ruling). (ADMINISTRATION OF MUSLIM LAW ENACTMENT, 1963

ENACTMENT NO. 3 OF 1964
ADMINISTRATION OF MUSLIM LAW ENACTMENT, 1963

PART II - MAJLIS

Section 7. Fetua (ruling).

(1) Any person, or any court established under any written law, may request the Majlis to issue a Fetua (ruling) on any question relating to Muslim Law or Malay custom.

(2) For the purpose of issuing a Fetua aforesaid, the Majlis may refer any question, in respect of which such Fetua is to be issued, to the Shara'iah Committee (hereinafter referred to as "the Shara'iah Committee"), and the Shara'iah Committee shall give to the Majlis an opinion thereon in writing, such opinion being an opinion approved by the members of the said Committee either unanimously or by a majority.

(3) In relation to an opinion given to it by the Shara'iah Committee pursuant to sub-section (2), the Majlis-

(a)

shall, if the opinion is unanimously approved by the members of the Shara'iah Committee, forthwith issue such opinion as a Fetua;

(b)

shall, if the opinion is approved by a majority of the members of the Shara'iah Committee, consider such opinion and, if approved by a majority in the Majlis, issue a Fetua based on that opinion; or

(c)

may in any case where the opinion of a majority of the members of the Shara'iah Committee is not approved by a majority in the Majlis, refer such opinion to the Ruler for his decision.

(4) The Majlis when issuing a Fetua and then Shara'iah Committee when giving its opinion under sub-section (2) shall follow the AI-Quran and or Sunnah Rasulal Allah Sallal Allah 'Allaihi Wasallam.

Provided that where the following of such tenets would be opposed to public interest, the Majlis and the Shara'iah Committee shall respectively refer such Fetua and such opinion, to the Ruler for his decision.

(5) In issuing a Fetua under this section, the Majlis shall have due regard to the 'Adat Isti'adat Melayu or Malay Customary Law applicable in the State.

(6) Any Fetua issued by the Majlis; and any decision given by the Ruler, in accordance with this section, shall if the Majlis or the Ruler thinks fit be published in the Gazette and shall, subject to any written law, be binding on the courts (established under any written law) of the State.