Fatwa Enactment 2004

This Enactment shall come into operation on a date to be appointed by the

Minister by notification in the Gazette. [01.06.2005 G.N 313/2005]

Interpretation

Aqidah and Tauhid of Imam Abu Hassan al-Ash’ari and Imam

Mansur al-Maturidi;

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Fiqh and Syariah of Mazhab Shafie and also of Mazhab Hanafi,

Maliki and Hanbali and other qualified scholars view; and

Tasawwuf of manhaj qualified sufi such as Imam Junaid al-baghdadi and imam al-Ghazali;

“Islamic Law” means Islamic Law according to Mazhab Syafie or any one of

Mazhab Hanafi, Maliki, or Hanbali;

“Jawatankuasa Muzakarah” means Jawatankuasa Muzakarah Majlis Kebangsaan

Bagi Hal Ehwal Agama Islam Malaysia (MKI) established by the Ruler’s Conference under regulation 7 of the National Council for Religious Affairs Malaysia Regulations 2022;

“Majlis” means the Majlis Ugama Islam Negeri Sabah which is established under subsection 4(1) of the Majlis Ugama Islam Negeri Sabah Enactment 2004;

“Minister” means the Minister charged with the responsibility for the administration of Islamic affairs in the State of Sabah;

“Mufti” means the person who is appointed to be the Mufti for the State under section 4(1) and includes the Deputy Mufti appointed under section 4(2);

“Previous Enactment” means the Administration of Islamic Law 1992;

“State” means the State of Sabah;

“State Fatwa Council” means the committee established under section 6;

Saving of prerogative

The Yang di-Pertua Negeri may, on the recommendation of the Minister, appoint any fit and proper person to be the Mufti for the State.

The Yang di-Pertua Negeri, on the recommendation of the Mufti, may appoint

Any fit and proper person to be the Deputy Mufti for the State.

A person is qualified for appointment under subsection (1) and (2) if he –

A person shall be deemed to have Sabah connections for the purpose of this section if he is a Malaysian citizen who –

The Mufti and the Deputy Mufti shall hold post for a period of three years and may be reappointed.

The appointment of the Mufti and Deputy Mufti shall be published in the Gazette.

Upon the commencement of this Enactment, the person who is the Mufti and

Deputy Mufti for the State immediately before the commencement of this Enactment shall be deemed to have been appointed under this Enactment as a Mufti and Deputy Mufti for the State and shall continue to hold such appointment.

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Vacation of office of Mufti and Deputy Mufti

he dies;

he becomes a bankrupt;

he is of unsound mind or is otherwise incapable to perform his duties;

he had failed to attend the meeting of State Fatwa Council for three consecutive times without the approval from the Yang di-Pertua Negeri;

he is not in Malaysia for more than three consecutive months without the written approval from the Yang di-Pertua Negeri;

his conduct, whether in connection with his duties as the Mufti or Deputy Mufti or otherwise, has been such as to bring discredit on the Yang di-Pertua Negeri or the

Office of Mufti.

he has acted against the interest of the State;

his resignation is accepted by the Yang di-Pertua Negeri; or

his appointment is revoked by the Yang diPertua Negeri.

Functions of the Mufti

The Council shall consist of –

Any person who, before the commencement of this Enactment, was a member of the State Fatwa Council established under the previous Enactment shall, subject to subsection

, be deemed to have been nominated or appointed as a member of the State Fatwa Council and shall, be a member of the State Fatwa Council until the expiry of his term of appointment under the previous Enactment.

Subsection (3) shall not apply to any person, except the Mufti and Deputy Mufti, who was an ex-officio member of the State Fatwa Council mentioned in subsection (3).

The State Fatwa Council may, subject to this Enactment, determine all questions relating to its procedure and practice.

In the absence of the Mufti, the Deputy Mufti shall preside over the Council’s meeting.

There shall be paid to members of the State Fatwa Council as specified by the

Minister, allowance from the Fund of the Majlis as approved by the Minister from time to time.

The appointment of the member of State Fatwa Council under subsection (2)

shall be published in the Gazette.

Power of the State Fatwa Council to prepare a fatwa

Whenever the State Fatwa Council proposes to make a fatwa the Mufti shall call

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a meeting of the State Fatwa Council for the purpose of discussing the proposed fatwa.

After a proposed fatwa is made, the State Fatwa Council shall notify the Majlis of such proposed fatwa.

The Mufti shall, after notifying the Majlis, submit the proposed fatwa to the Yang di-Pertua Negeri to be assented..

[Deleted by En. 12 of 2023]

After a proposed fatwa has been assented by the Yang di-Pertua Negeri , the

Mufti shall cause the fatwa to be published in the Gazette.

[Deleted by En. 12 of 2023]

A fatwa shall be published in the national language in the Rumi script, but the text of the fatwa in the Jawi script may also be published.

[Deleted by En. 12 of 2023]

Authority of Mufti

The Mufti may, if he thinks necessary, discuss with the State Fatwa Council before issuing any fatwa under this section.

A fatwa published in the Gazette is binding

Upon its publication in the Gazette, a fatwa shall be binding on every Muslim in the

State as a dictate of his religion and it shall be his religious duty to abide by and uphold the fatwa, unless he is permitted by Islamic Law to depart from the fatwa in matters of personal observance.

A fatwa shall be recognised by all Courts in the State of all matters laid down therein.

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Amendment, modification or revocation of fatwa

The Mufti or State Fatwa Council may amend, modify or revoke any fatwa that has been published in the Gazette under this Enactment or under the previous Enactment.

An amendment, modification or revocation of a fatwa shall be deemed to be a fatwa and the provisions of section 8, except subsection 8(7), shall apply thereto.

An amendment, modification or revocation of a fatwa published in the Gazette shall be accompanied by a statement that the fatwa is made under subsection (1).

Fatwa which relates to matters of national interest

Notwithstanding the powers of the State Fatwa Council under section 7, whenever it appears to the State Fatwa Council that a fatwa proposed to be made is related to matters affecting national interest, the State Fatwa Council shall adjourn its discussions and cause a further research to be made as to whether the national interest is inline with the “Maslahah”

under Islamic Law or otherwise.

After deliberating upon the matter, the State Fatwa Council may make a recommendation to the Yang di-Pertua Negeri for his assent to refer the proposed fatwa to the Jawatankuasa Muzakarah, through the Conference of Rulers.

Without prejudice to the generality of subsection (1), a fatwa shall be deemed to be related to matters affecting national interest if the question is related to any matter, policy, programme or activity which directly affect the interest of the Federal Government, a State Government or any of its ministries, departments or agencies.

If the Yang di-Pertua Negeri gives his assent under subsection (2), State

Fatwa Council shall, before the fatwa is referred to the Jawatankuasa Muzakarah, inform the State Government about of the reference.

When a proposed fatwa has been referred to the Jawatankuasa Muzakarah, the Committee shall present its advice and recommendations to the Conference of

Rulers in accordance with subsection (2) on the matter.

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If the Jawatankuasa Muzakarah advises or recommends that the proposed

Fatwa be made, with or without any modification as it may recommend, or advises or recommends another fatwa on the same matter and the Conference of Rulers have agreed with the advice and recommendation of the Jawatankuasa Muzakarah, the State

Fatwa Council shall consider the advice and recommendation and thereupon may cause the fatwa according to such advice and recommendation to be published in the Gazette without any amendment or modification, and the provision of section 8, except subsection 8(7), shall apply thereto.

A fatwa published in the Gazette shall be accompanied by a statement that the fatwa is made under this section.

Adoption of advice and recommendation of Jawatankuasa Muzakarah

The State Fatwa Council may consider to adopt any advice and recommendation of the Jawatankuasa Muzakarah which affects any act or observance which has been agreed upon by the Conference of Rulers as an act or observance which extends to the Federation as a whole pursuant to Article 38(2)(b) of the Federal Constitution.

The advice or recommendation adopted by virtue of subsection (1) shall be deemed to be a fatwa and section 8, except subsection 8(7), shall apply thereto.

A fatwa published in the Gazette shall be accompanied by a statement that the fatwa is made under this section.

Request for opinion of State Fatwa Council

In issuing any fatwa under section 8, or certifying an opinion under section 13, the

State Fatwa Council shall ordinarily qaul muktamad (follow the accepted views) of the Mazhab

Syafie.

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If the State Fatwa Council 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 State

Fatwa Council may follow the qaul muktamad of the Mazhab Hanafi, Maliki or Hanbali.

If the State Fatwa Council 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 State Fatwa Council may make the fatwa according to ijtihad without being bound by the qaul muktamad of any of the four Mazhabs.

Protection for Mufti and member of State Fatwa Council

Notwithstanding any written law to the contrary, the Mufti and any member of the

State Fatwa Council shall not be liable to be summoned to any Civil or Syariah Court to give opinion or evidence relating to Islamic Law, but if in any court other than a Syariah Court, any question of Islamic Law calls for a decision that court may request the opinion of the Mufti on the question, and the Mufti may certify his opinion to the requesting court.

The Mufti and any members of State Fatwa Council shall not be summoned to any Syariah and Civil Court for any fatwa that has been gazetted, provided that the fatwa was given in good faith and in accordance to the power provided for under this Enactment.

the procedure of State Fatwa Council;

the code of ethics for the members of State Fatwa Council;

the allowance payable to the members of the State Fatwa Council; and

other rules which is deemed necessary for the fatwa organization and Mufti, in

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performing the function of the Mufti and the requirements under this Enactment.

CERTIFIED by me to be a true copy of the Bill passed by the Legislative Assembly on

Tuesday, the 10th day of August, 2004.

DATUK JAMES ANDREW VITALES,

Deputy Speaker,

State Legislative Assembly.