Section 39. Nas (authority rities) to be followed. (ADMINISTRATION OF ISLAMIC LAW ENACTMENT 1992

ENACTMENT NO. 2 OF 1992
ADMINISTRATION OF ISLAMIC LAW ENACTMENT 1992

PART III - MUFTI AND THE SYARIAH COMMITTEE

Section 39. Nas (authority rities) to be followed.

(1) In issuing a fatwa under section 34 or 36 or giving or certifying any opinion under section 38, the Mufti shall ordinarily follow the accepted views (qaul muktamad) of the Mazhab Syafie.

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

(3) If the Mufti considers that none of the qaul muktamad of the four Mazhabs may 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 without being bound by the qaul muktamad of any of the four Mazhabs.