MAJLIS ISLAM SARAWAK ORDINANCE 2001
PART IV - APPOINTMENT OF MUFTI AND THE ESTABLISMENT OF LEMBAGA FATWA
Section 39. Qaul muktamad to be followed.
(1) In issuing any fatwa under section 37, or certifying an opinion under section 38, the Majlis shall ordinarily follow the accepted views (qaul muktamad) of the Mazhab Syafie.
(2) If the Majlis considers that following the qaul muktamad of the Mazhab Syafie will lead to a situation which is repugnant to public interest, the Majlis may, with the special sanction of the Yang di-Pertua Negeri, follow the qaul muktamad of the Mazhab Hanafi, Maliki or Hanbali.
(3) If the Majlis considers 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 Majlis may, with the special sanction of the Yang di-Pertua Negeri, make the fatwa according to its own judgment without being bound by the qaul muktamad of any of the four Mazhabs.
(4) In making any fatwa under subsection (2) or (3), the Majlis may set out in full detail and with any necessary explanation the provisions and principles which it followed.
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