ENACTMENT 10
MUFTI AND FATWA (KEDAH DARUL AMAN) ENACTMENT 2008

PART III - THE FATWA COMMITTEE



Section 26. Qaul muktamad to be followed


(1) In issuing any fatwa under section 21 or certifying any opinion under section 25, the Fatwa Committee shall, ordinarily follow the accepted views (qaul muktamad) of the Mazhab Syafie based on the Al- Quran, Hadis, Ijma’ Ulamak and Qiyas.

(2) If the Fatwa Committee considers that following the qaul muktamad of the Mazhab Shafie 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 after getting consent from His Royal Highness of the Sultan.

(3) If the Fatwa Committee considers 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 may be decided according to his own judgment without being bound by the qaul muktamad of any of the four mazhabs.



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