Section 42. Qaul muktamad to be followed. (ADMINISTRATION OF THE RELIGION OF ISLAM (STATE OF MALACCA) ENACTMENT 2002

ENACTMENT NO. 7 OF 2002
ADMINISTRATION OF THE RELIGION OF ISLAM (STATE OF MALACCA) ENACTMENT 2002

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

Section 42. Qaul muktamad to be followed.

(1) In issuing any fatwa under section 36, or certifying an opinion under section 41, the Fatwa Committee shall ordinarily qaul muktamad (follow the 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.