CHAPTER 41
MAJLIS ISLAM SARAWAK ORDINANCE 2001

PART IV - APPOINTMENT OF MUFTI AND THE ESTABLISMENT OF LEMBAGA FATWA
Lembaga Fatwa



Section 37. Power of Majlis to issue fatwa.

(1) The Majlis may issue a fatwa on any point or tenet of Islamic Law or any matter pertaining to the practice of the religion of Islam:

(2) (a) Upon receipt of a request under subsection (1)(b), the Secretary shall submit such request to the Mufti who, if satisfied that the fatwa sought relates to a matter concerning Islamic Law or the practice of the religion of Islam which is of interest or concern to the Muslim community in the State or any part thereof, will cause a study or research on the issue raised and the proposed fatwa sought, to enable the Lembaga Fatwa to deliberate thereon.

(3) (a) Where the Majlis determines whether on its own initiative or pursuant to a request made by a person in accordance with subsection (1)(b), that a fatwa ought to be issued, the Majlis shall, through the State Secretary, transmit its decision to the Yang di-Pertua Negeri for his concurrence.
(4) Upon the concurrence of the Yang di-Pertua Negeri being obtained for the issue of the fatwa, the State Secretary shall cause the fatwa to be published in the Gazette, whereupon the fatwa, shall, as from the date specified in the Gazette notification, be binding on all Muslims in the State.

(5) (a) A fatwa shall from the date referred to in subsection (4) be recognized by all courts in the State as conclusive of the matters laid down therein.





Copyright PNMB-LawNet. All rights reserved.