Malaysia legislation
Section 14
Section 14
Qaul muktamad to be followed
(1)
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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(2)
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.
(3)
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