Section 21. Authorities to be followed. (ADMINISTRATION OF MUSLIM LAW ENACTMENT 1955

ENACTMENT NO. 4 OF 1955
ADMINISTRATION OF MUSLIM LAW ENACTMENT 1955

PART III - THE MAJLIS-CONSTITUTION

Section 21. Authorities to be followed.

(1) In making and issuing any ruling in manner hereinbefore provided the Majlis or the Legal committee shall ordinarily follow the orthodox tenets of the Shafeite sect;

Provided that, if it is considered that the following of such orthodox tenets will be opposed to the public interest, the Majlis or the Legal Committee may, unless His Highness the Sultan shall otherwise direct, follow the less orthodox tenets of the Shafeite sect;

Provided further that, if it is considered that the following of either the orthodox or the less orthodox tenets of the Shafeite sect will be opposed to the public interest, the Majlis or the Legal Committee may, with

the

sanction of His Highness the Sultan, follow the tenets of any of the three remaining sects as may be considered appropriate but in any such ruling the provisions and principles to be followed shall be set out in detail and with any necessary explanation.

(2) In making and issuing any ruling in accordance with the provisions of this section, the Legal Committee and the Majlis shall have due regard to the Adat Istiadat Melayu or Malay customary law applicable in the State.

(3) Any ruling given by the Majlis, whether directly or through the Legal Committee, in accordance with the provisions of this section shall, if the Majlis so determine or if His Highness the Sultan so directs, be published by notification in the Gazette and shall thereupon be binding on all Muslims resident in the State; Provided that Fatua on Malay Custom shall be binding only on Muslims of the Malay race resident in the State.