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 11. Fatwa which relates to matters of national interest.

(1) Notwithstanding the powers of the State Fatwa Council under section 7, whenever it appears to the State Fatwa Council that a fatwa proposed to be made is related to matters affecting national interest, the State Fatwa Council shall adjourn its discussions, may cause a further research to be made as to whether the national interest is inline with the “Maslahah” under Islamic Law or otherwise, and inform the same to the Majlis.

(2) After deliberating upon the matter, the Majlis may make a recommendation to the Yang di-Pertua Negeri for his assent to refer the proposed fatwa to the National Fatwa Committee, through the Conference of Rulers.

(3) Without prejudice to the generality of subsection (1), a fatwa shall be deemed to be related to matters affecting national interest if the question is related to any matter, policy, programme or activity which directly affect the interest of the Federal Government, a State Government or any of its ministries, departments or agencies.

(4) If the Yang di-Pertua Negeri gives his assent under subsection (2), Majlis shall, before the fatwa is referred to the National Fatwa Committee, inform the State Government about of the reference.

(5) When a proposed fatwa has been referred to the National Fatwa Committee, the Committee shall present its advice and recommendations to the Conference of Rulers in accordance with subsection (2) on the matter.

(6) If the National Fatwa Committee advises or recommends that the proposed fatwa be made, with or without any modification as it may recommend, or advises or recommends another fatwa on the same matter and the Conference of Rulers have agreed with the advice and recommendation of the National Fatwa Committee, the Majlis shall consider the advice and recommendation and thereupon may cause the fatwa according to such advice and recommendation to be published in the Gazette without any amendment or modification, and the provision of section 8, except subsection 8(7), shall apply thereto.

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




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