Section 41. Authorities to be followed (ADMINISTRATION OF ISLAMIC RELIGIOUS AFFAIRS ENACTMENT OF THE STATE OF PENANG 1993

ENACTMENT NO. 7 OF 1993
ADMINISTRATION OF ISLAMIC RELIGIOUS AFFAIRS ENACTMENT OF THE STATE OF PENANG 1993

PART III - MUFTI AND SYARIAH COMMITTEE

Section 41. Authorities to be followed

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

(2) If the Mufti considers that following the qaul muktamadof the Mazhab Shafiewill lead to a situation which is repugnant to public interest, the Mufti may follow the qaul muktamadof any other recognised Mazhab.

(3) If the Mufti considers that none of the qaul muktamadof any recognised Mazhabsmay 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 based on AI-Ouran without being bound by the qaul muktamad of any recognised Mazhabs.