Section 54. Qaul muktamad to be followed. (ADMINISTRATION OF THE RELIGION OF ISLAM

ENACTMENT NO. 4 OF 2004
ADMINISTRATION OF THE RELIGION OF ISLAM
(STATE OF PENANG) ENACTMENT 2004

PART III - THE APPOINTMENT OF THE MUFTI, AUTHORITY IN RELIGIOUS MATTERS, THE FATWA COMMITTEE AND FATWA RELATING TO MATTERS OF NATIONAL INTEREST

Section 54. Qaul muktamad to be followed.

(1) In issuing any Fatwa under section 48, or certifying an opinion under section 53, the Fatwa Committee shall ordinarily follow the qaul muktamad (accepted views) of the Mazhab Syafie.

(2) If the Fatwa Committee is of the opinion that following the qaul muktamad of the Mazhab Syafie will lead to a situation which is repugnant to public interest, the Fatwa Committee may follow the qaul muktamad of the Mazhab Hanafi, Maliki or Hambali.

(3) If the Fatwa Committee is of the opinion that none of the qaul muktamad of the four Mazhabs may be followed without leading to a situation which is repugnant to public interest, the fatwa Committee may make the Fatwa according to ijtihad without being bound by the qaul muktamad of any of the four Mazhabs.