Section 41.Authorities to be followed. (ADMINISTRATION OF ISLAMIC LAW ENACTMENT 1991

Enactment No 3 Of 1991
ADMINISTRATION OF ISLAMIC LAW ENACTMENT 1991

PART II - THE MAJLIS UGAMA ISLAM DAN ADAT RESAM MELAYU PAHANG

Section 41.Authorities to be followed.

(1) In issuing any fatwa under section 36 or giving any opinion under section 40, the Mufti shall ordinarily follow the accepted views (qaul muktamad) of the Mazhab Syafie.

(2) Where the Mufti is of the opinion that by following the qaul muktamad of the Mazhab Syafie may lead to a situation which is repugnant to the public interests, the Mufti may follow the qaul muktamad of the Mazhab Hanafi, Mazhab Maliki, or Mazhab Hambali.

(3) Where the Musti is of opinion that none of the qaul muktamad of the four Mazhab could be followed without leading to a situation which is repugnant to the public interest, the Musti may then resolve the question according to his own judgment without being bound by the qaul muktamad of any of the four Mazhab.