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Jabatan Mufti Negeri Melaka
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Fatwas and Research

Legal Provisions Regarding the Mufti and Fatwas

Legal provisions concerning the Mufti and fatwas under the Administration of Islamic Religion Enactment (State of Melaka) 2002.

Enactment 2002 Religious Law

Appointment of 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 serving as Mufti and Deputy Mufti for the State of Melaka immediately before the commencement of this section shall be deemed to have been appointed under this section as the Mufti and Deputy Mufti for the State of Melaka and shall continue to hold those offices.

Establishment of the State Fatwa Committee of Melaka (Section 34)

The State Fatwa Committee of Melaka is established under Section 34 of the Administration of Islamic Religion Enactment (State of Melaka) 2002. The Committee shall consist of not fewer than 7 and not more than 12 members, consisting of:-

  • The Mufti as Chairman;
  • Deputy Mufti;
  • Two members of the Council nominated by the Council;
  • Not less than two and not more than seven persons who are qualified and suitable 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 on its own initiative or at the request of any person made by letter addressed to the Mufti, provide fatwas on any unresolved or controversial questions relating to Islamic law.

Procedure for Making Fatwas (Section 36)

  • Before the Fatwa Committee issues a fatwa, the Mufti may cause such studies or research to be carried out as he directs and a working 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 the fatwa has been 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 careful consideration of the fatwa, the Council may make a recommendation to the Yang di-Pertuan Agong to obtain his consent for its publication in the Gazette.
  • Any recommendation made shall be accompanied by an explanatory memorandum and comments from the Council if the Council considers such explanations 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 thereafter 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 religious teaching and it shall be a religious obligation to comply with and adhere to that fatwa, unless 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.
Note: Publication in the Gazette confers binding legal effect and recognition by the courts.

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 regarded as a fatwa.

Court May Seek 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 generally follow the qaul muktamad (accepted opinions) of the Shafi'i school of jurisprudence.
  • If the Fatwa Committee considers that following the qaul muktamad of the Shafi'i school would result in a situation contrary to the 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 producing a situation contrary to the 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.