ENACTMENT NO. 4 OF 1994 COUNCIL OF THE RELIGION OF ISLAM AND MALAY CUSTOM, KELANTAN ENACTMENT 1994
PART II - MAJLIS AGAMA ISLAM DAN ADAT ISTIADAT MELAYU KELANTAN Jamaah Ulama'
Section 36. Fatwa.
(1) Any person may in writing, request the Majlis to issue a fatwa on any question relating to the Hukum Syarak or Malay Custom of Kelantan and when such request is received the Secretary shall forthwith submit the same to the Chairman of the Jamaah Ulama'.
(2) The Jamaah Ulama' shall consider every such request and shall, unless in its opinion the question referred to is not reasonable and which for any good reason ought not to be answered, prepare a draft fatwa thereon, and if the draft fatwa is approved either unanimously or by a majority, the Chairman on behalf and in the name of the Majlis shall issue the fatwa.
(3) If the question referred to cannot be dealt with by a fatwa in accordance with subsection (2), the Jamaah Ulama' shall refer the question to the Majlis which shall issue its fatwa based on the views and opinion of the Mufti:
Provided that on special grounds, any such question may be referred by the Majlis to His Royal Highness the Sultan for his determination.
(4) The Jamaah Ulama' may on its on initiative at any time make and issue any fatwa in the name of the Majlis.
(5) Notwithstanding anything contrary to any written law the Mufti shall not be summoned to give his views or evidence relating to the Islamic Law in any Civil Court or Syariah Court, but if in any court other than the Syariah Court, any question of Hukum Syarak ought to be determined, the Court may ask the Mufti to give his views on the matter and the Mufti may give his views to the Court.