ENACTMENT NO. 7 OF 2004
FATWA ENACTMENT 2004

PART II - THE APPOINTMENT AND FUNCTIONS OF THE MUFTI, POWER OF THE STATE FATWA COUNCIL AND FATWA RELATING TO MATTER OF NATIONAL INTEREST



Section 8. Procedure in making a Fatwa.

(1) Before a State Fatwa Council makes a fatwa, the Mufti may cause any study or research to be carried out as directed by him and a working paper to be prepared.

(2) Whenever the State Fatwa Council proposes to make a fatwa the Mufti shall call a meeting of the State Fatwa Council for the purpose of discussing the proposed fatwa.

(3) After a fatwa is prepared by the State Fatwa Council, the Mufti shall, on behalf and in the name of the State Fatwa Council, submit the fatwa prepared to the Majlis.

(4) The Majlis may, after deliberating upon the fatwa, make a recommendation to the Yang di-Pertua Negeri for his assent for the publication of the fatwa in the Gazette.

(5) The recommendation made under subsection (4) shall be accompanied by an explanatory memorandum and comments from the Majlis if the Majlis considers such explanation of comments are required.

(6) When a fatwa has been assented to by the Yang di-Pertua Negeri, the Majlis shall inform the State Government of the fatwa and thereafter shall cause the fatwa to be published in the Gazette.

(7) A fatwa published in the Gazette shall be accompanied by a statement that the fatwa is made under this section.

(8) A fatwa shall be published in the national language in the Rumi script, but the text of the fatwa in the Jawi script may also be published.

(9) Any statement made by the State Fatwa Council shall not be taken to be a fatwa unless such statement is published in the Gazette in accordance with subsection (6).




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