Malaysia legislation
Section 37
Section 37
⎯(1)
The Majlis may issue a fatwa on any point or tenet of
Islamic Law or any matter pertaining to the practice of the religion of
Islam:
(a)
on its own initiative; or
(b)
where a request for the issuance of a fatwa is made by a person belonging to the Islamic faith and who represents a section of the Muslim community in the State.
(2)
Upon receipt of a request under subsection (l)(b), the
Secretary shall submit such request to the Mufti who, if satisfied that the fatwa sought relates to a matter concerning Islamic Law or the practice of the religion of Islam which is of interest or concern to the
Muslim community in the State or any part thereof, will cause a study or research on the issue raised and the proposed fatwa sought, to enable the Lembaga Fatwa to deliberate thereon.
(b)
If the Lembaga Fatwa shall determine that the proposed fatwa ought to be submitted to the Majlis for its consideration, the
Lembaga Fatwa shall forward to the Majlis its written opinion thereon.
(3)
Where the Majlis determines whether on its own initiative or pursuant to a request made by a person in accordance with subsection (l)(b), that a fatwa ought to be issued, the Majlis shall, through the State Secretary, transmit its decision to the Yang di-Pertua
Negeri for his concurrence.
(b)
A decision under paragraph (a) may be made by a majority of the members of the Majlis.
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(4)
Upon the concurrence of the Yang di-Pertua Negeri being obtained for the issue of the fatwa, the State Secretary shall cause the fatwa to be published in the Gazette, whereupon the fatwa, shall, as from the date specified in the Gazette notification, be binding on all
Muslims in the State.
(5)
A fatwa shall from the date referred to in subsection (4)
be recognized by all courts in the State as conclusive of the matters laid down therein.
(b)
In proceedings before any court, the production of the
Gazette notification published pursuant to subsection (4) shall be conclusive evidence of the fatwa contained therein.
Request for opinion of Lembaga Fatwa