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 40. Fatwa which relates to matters of national interest.
(1) Notwithstanding the powers of the Fatwa Committee under section 36, whenever it appears to the Fatwa Committee that a fatwa proposed to be made is related to matters affecting national interest, the Fatwa Committee shall adjourn its discussions on the proposed fatwa and submit the matter to the Majlis.
(2) After deliberating upon the matter, the Majlis may make a recommendation to Duli Yang Maha Mulia Sultan for His consent to refer the proposed fatwa to the Conference of Rulers, through the National Fatwa Committee.
(3) Without prejudice to the generality 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 Duli Yang Maha Mulia Sultan gives His assent under subsection (2), the Majlis shall, before the proposed fatwa is referred to the National Fatwa Committee, inform the State Goverment of the reference.
(5) When a proposed fatwa has been referred to the National Fatwa Committee, the Committee shall present its advise 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 Ruler have assented to the advice, and recommendation of the National Fatwa Committee, the Majlis after consulting the Fatwa Committee 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 37, except subsection 37(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.