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Mufti Melaka
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Fatwa and Buhuth

Legal Provisions on the Mufti and Fatwa

Legal provisions relating to the Mufti and fatwas under the Islamic Religious Administration Enactment (State of Melaka) 2002.

APPOINTMENT OF THE MUFTI AND DEPUTY MUFTI (SECTION 32)

  • The Yang di-Pertuan Agong, on the advice of the State Authority, after consulting the Council, may appoint any person who is qualified and suitable to be the Mufti and Deputy Mufti for the State of Melaka.
  • The appointment of the Mufti and Deputy Mufti shall be published in the Gazette.
  • When this section comes into force, the persons who were Mufti and Deputy Mufti for the State of Melaka immediately before the section came into force shall be deemed to have been appointed under this section as Mufti and Deputy Mufti for the State of Melaka and shall continue to hold those offices.

ESTABLISHMENT OF THE MELAKA STATE FATWA COMMITTEE (SECTION 34)

The Melaka State Fatwa Committee is established under Section 34 of the Islamic Religious Administration Enactment (State of Melaka) 2002. The Committee shall be composed of at least 7 and not more than 12 persons consisting of:-

  • The Mufti as Chairman;
  • The Deputy Mufti;
  • Two members of the Council nominated by the Council;
  • Not fewer than two and not more than seven qualified and suitable persons appointed by the Council;
  • An officer from the Mufti's Department appointed by the Council, as Secretary.

POWERS OF THE FATWA COMMITTEE TO ISSUE FATWAS (SECTION 35)

The Fatwa Committee shall, by order of the Yang di-Pertuan Agong, and may also on its own initiative or at the request of any person made by a letter addressed to the Mufti, prepare a fatwa on any question that is not settled or that raises controversy relating to Islamic law.

PROCEDURE FOR MAKING FATWAS (SECTION 36)

  • Before the Fatwa Committee makes any fatwa, the Mufti may cause such studies or research to be conducted as he directs and a briefing paper to be prepared.
  • When the Committee proposes to make a fatwa, the Mufti shall convene a meeting of the Fatwa Committee for the purpose of discussing the proposed fatwa.
  • After a fatwa is prepared by the Fatwa Committee, the Mufti shall, on behalf of and in the name of the Fatwa Committee, submit the prepared fatwa to the Council.
  • After duly considering the fatwa, the Council may make a recommendation to the Yang di-Pertuan Agong to obtain his assent for its publication in the Gazette.
  • The recommendation shall be accompanied by an explanatory memorandum and comments from the Council if the Council considers such explanation and comments necessary.
  • When the fatwa is approved by the Yang di-Pertuan Agong, the Council shall notify the State Government of the fatwa and shall then cause the fatwa to be published in the Gazette.
  • Any fatwa published in the Gazette shall be accompanied by a statement that the fatwa was made under this section.
  • A fatwa shall be published in the national language in Roman script, but the text of the fatwa in Jawi script may also be published.
  • Any statement made by the Fatwa Committee shall not be taken as a fatwa unless that statement is published in the Gazette.

FATWAS PUBLISHED IN THE GAZETTE ARE BINDING (SECTION 37)

  • When published in the Gazette, a fatwa shall bind every Muslim in the State of Melaka as a tenet of his religion and it shall be a religious duty to comply with and adhere to that fatwa, except where he is permitted by Islamic law not to follow the fatwa in any personal matter.
  • A fatwa shall be recognized by all courts in the State of Melaka in respect of all matters stated therein.

AMENDMENT, MODIFICATION OR REVOCATION OF FATWAS (SECTION 38)

  • The Committee may amend, modify or revoke any fatwa that has been published in the Gazette under this Enactment or under any previous Enactment.
  • Any amendment, modification or revocation of a fatwa shall be deemed to be a fatwa.

COURT SEEKING OPINION FROM THE FATWA COMMITTEE (SECTION 41)

If any court other than the Syariah Court needs to decide any question of Islamic law, that court may request the opinion of the Fatwa Committee on that question, and the Mufti may certify the opinion of the Fatwa Committee to the court that made the request.

AUTHORITATIVE OPINIONS TO BE FOLLOWED (SECTION 42)

  • In issuing any fatwa, or certifying any opinion of the Fatwa Committee, the Committee shall ordinarily follow the qaul muktamad (accepted opinions) of the Shafi'i school of jurisprudence.
  • If the Fatwa Committee is of the opinion that following the qaul muktamad of the Shafi'i school would result in a situation contrary to public interest, the Fatwa Committee may follow the qaul muktamad of the Hanafi, Maliki or Hanbali schools.
  • If the Fatwa Committee is of the opinion that none of the qaul muktamad of those four schools can be followed without creating a situation contrary to public interest, the Fatwa Committee may make the fatwa based on ijtihad without being bound by the qaul muktamad of any of those four schools.