Section 43. Qaul muktamad to be followed. (ADMINISTRATION OF THE RELIGION OF ISLAM (PERAK) ENACTMENT 2004

ENACTMENT NO. 4 OF 2004
ADMINISTRATION OF THE RELIGION OF ISLAM (PERAK) ENACTMENT 2004

PART III - THE APPOINTMENT OF THE MUFTI, AUTHORITY IN RELIGIOUS MATTERS, THE FATWA COMMITTEE AND FATWA RELATING TO MATTER OF NATIONAL INTEREST

Section 43. Qaul muktamad to be followed.

(1) In issuing any fatwa under section 37, or certifying an opinion under section 42, the Fatwa Committee shall ordinarily follow the qaul muktamad (follow the accepted views) of the Mazhab Shafie.

(2) If the Fatwa Committee is of the opinion that following the qaul muktamad of the Mazhab Shafie will lead to a situation which is repugnant to public interest, the Fatwa Committee follow the qaul muktamad of the Mazhab Hanafi, Maliki or Hambali.

(3) If the fatwa Committee is of the opinion 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 Fatwa Committee may make the fatwa according to ijtihad without being bound by the qaul muktamad of any of the four Mazhabs.