Section 40. Authorities to be followed. (ADMINISTRATION OF ISLAMIC LAW ENACTMENT 1992

ENACTMENT NO. 13 OF 1992
ADMINISTRATION OF ISLAMIC LAW ENACTMENT 1992

PART II - THE MAJLIS UGAMA ISLAM NEGERI SABAH
AUTHORITY IN RELIGIOUS MATTERS

Section 40. Authorities to be followed.

(1) In issuing any fatwa under section 35, or certifying any opinion under section 39, the Mufti shall ordinarily follow the accepted views (qual muktmad) of the Mazhab Syafie.

(2) If the Mufti considers that foolowing the qual muktamad of the Mazhab syafie will lead to a situation which is repugnant to public interest, the Mufti may follow the qual muktamad of the Mazhab Hanafi, Maliki, or Hambali.

(3) If the Mufti considers that none of the qual muktamad of the four mazhabs may be followed without leading to a situation which is repugnant to the public interest, the Mufti may then resolve the question according to his own judgment without being bound by thequal muktamad of any of the four Mazhabs.