PART IV - APPOINTMENT OF MUFTI AND THE ESTABLISMENT OF LEMBAGA FATWA Lembaga Fatwa
Section 41. Fatwa which relates to matters of national interest.
(1) Notwithstanding the powers of the Lembaga Fatwa under section 37, whenever it appears to the Lembaga Fatwa that a fatwa proposed to be made is related to matters affecting national interest, the Lembaga Fatwa shall adjourn its discussions on the proposed fatwa and submit the matter to the Majlis accordingly.
(2) After deliberating upon the matter, the Majlis may make a recommendation to the Yang di-Pertua Negeri for his consent to refer the proposed fatwa to the Conference of Rulers through the National Fatwa Committee.
(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 affects 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 consent under subsection (2), the Majlis shall, before the fatwa is referred to the National Fatwa Committee, inform the State Government of the reference.
(5) When a proposed fatwa has been referred to the National Fatwa Committee, the National Fatwa Committee shall present its advice and recommendations on the matter to the Conference of Rulers in accordance with subsection (2).
(6) If the National Fatwa Committee advises and recommends that the proposed fatwa be made, with or without any modification, or that another fatwa on the same matter be made, and the Conference of Rulers have agreed-
(a) that the proposed fatwa affects a religious act or observance which extends to the Federation as a whole pursuant to Article 38(2)(b) of the Federal Constitution; and
(b) with the advice and recommendation of the National Fatwa Committee,
the Majlis shall notify the Yang di-Pertua Negeri of the fatwa according to such advice and recommendation, and section 37 shall apply thereto.
(7) A fatwa published in the Gazette shall be accompanied by a statement that the fatwa is made under this section.