ENACTMENT NO. 12 OF 1986
ADMINISTRATION OF ISLAMIC RELIGIOUS AFFAIRS ENACTMENT 1986

PART II - APPOINTMENT OF OFFICERS AND ESTABLISHMENT OF THE MAJLIS



Section 25. Fatwa.

(1) Any person may by letter addressed to the Commissioner request the Majlis to issue a fatwa or ruling on any matter relating to Hukum Syara' or Malay custom.

(2) On receipt of any I such request the Commissioner shall, if the question be one of Hukum Syara', send the request to the chairman of the Fatwa Committee or, if the question be one of Malay custom, to the Majlis.

(3) The Fatwa Committee or the Majlis, as the case may be, shall consider every such request and prepare a draft fatwa or ruling as requested unless it is considered that the matter is frivolous or, for other good reason, ought not to be answered.

(4) Notwithstanding subsection (3), if the Mufti, in the case of a matter of Hukum Syara', with the concurrence of the Commissioner considers that the matter referred is a minor matter, the Mufti may give his reply on the matter on behalf of the Fatwa Committee.

(5) If in any matter concerning Hukum Syara' the Fatwa Committee is not able to arrive at a decision, the matter shall be referred to the Majlis for its views which shall subsequently be referred back to the Fatwa Committee for decision.

(6) The fatwa or ruling, when prepared, shall be forwarded by the Commissioner to the person making the request.

(7) The Majlis may at any time of its own motion make and proclaim any fatwa or ruling.

(8) If at any time the Majlis is of the opinion that in the interests of the Muslim community as a whole any fatwa or ruling which has been prepared ought to be reconsidered, the Majlis shall refer the matter to His Royal Highness the Sultan and His Royal Highness the Sultan may take such action as he thinks fit and make a decision relating thereto.

(9) The Commissioner may at any time publish any fatwa or ruling submitted to him by the Fatwa Committee or the MajIis on any matter pertaining to Hukum Syara' or Malay custom.




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