· What is the Enactment that related with Administration of Penang State Department?
44.(1)Yang di-Pertuan Agong,on the advice of the Council of State
Government may appoint any qualify people and fit to be Mufti and
Deputy of Mufti for Penang State.
(2)The appointment of the Mufti and Deputy of Mufti shall be published in the Gazette.
(3)When this section started to enforce,the person who is the Mufti and Deputy Mufti for Penang State before this section start to enforce must be deemed to have been appointed under this section as Mufti and Deputy Mufti for Penang State and must continue to hold that position/office.
45.Mufti must assist and advise Yang di-Pertuan Agong in respect of all matters of Islamic Law,and in all matters.
Such shall be the ultimate authority in Penang State after Yang di-Pertuan Agong (king),except if allocated otherwise.
In this Enactment
46. (1)There shall be committee called the Fatwa Committee
(2)The Committee shall consist of:-
a) Mufti,as Chairman
b) Deputy Mufti
c) Two members of the council nomitiated by the council.
d) Not less than two and not more than seuen qualified persons appointed by the mufti, and
e) An a officer from Mufti Department as secretary.
(3) Any person who, before this section start to enforce,became the members of Syariah Commithee established under the former Enactment shall be subject to subsection (4), be deemed to have been nominated on appointed to be the member of Fatwa Committee, and be the member of Fatwa Committee up to terms of his appointment under the former Enactment expired.
(4) Subsection (3) not be applicable to any person, except Mufti and Deputy Mufti which is the member in the name of the office of Syariah Committee, that has been mentioned in subsection (3).
(5) The Fatwa committee may, as subject to this Enactment, decide every questions relating to the procedure and the practice.
4.7 subject to section 51, the fatwa committee must, in order of Yang Di-Pertuan Agong (the king) and may on his own will on upon the request by any people through letter that been addressed to the mufti, prepare the fatwa on any question that has not been finalized or creating controversial or relating with to Islamic Law.
4.8 (1) before the fatwa committee make the fatwa, mufti cancause any study or research to be carry out as directed by him and paper work included.
(2) when the committee propose to make fatwa must call a fatwa meeting committee for the purpose to discuss the propose fatwa.
(3) after the fatwa has been prepared by the fatwa committee, make recommendation to the Yang Di-Pertuan Agong (the king) to get his assent for publication of the fatwa in gazette.
(4) when the fatwa has been assent by the Yang Di-Pertuan Agong (the king) the fatwa committee must inform the state government about the fatwa and after that must cause the fatwa to be published in Gazette.
(5) any fatwa that been dublished in Gazette must included with statem end that the fatwa is made this section.
(6) Any fatwa must be publish in National Language in Latin alphabet, but the fatwa’s text in Jawi alphabet can also be publish.
(7) Any statement that has been made by the Fatwa Committee cannot be taken as fatwa unless if the statement is published in Gazette according to subsection (4).
49. (1) Upon its publication in Gazette, a fatwa must be bind to every muslims in Penang as their religious teaching and must be their obligation in Islamic Religioun to obey and hold to the fatwa unless if he is allowed by Islamic Law to not follow the fatwa in Certains Practice.
(2) A fatwa must be recognized by all courts in Penang State about all the matters that are stated in it.
50. (1) The Fatwa Committee may amend, modify or revoke any fatwa that have been published in Gazette under this Enactment, or under the for men Enactment.
(2) Any amendment, modification, or revocation of fatwa shall be deemed as a fatwa and allocations of subsection 48, except subsection 48 (7), shall apply to it.
(3) Any amendment, modification, or revocation of a fatwa that published in the Gaze He must be included with statement that the fatwa has been made under subsection (1).
51. (1) Notwith standing the power of Fatwa Committee under section 47, when the Fatwa Committee finds that a fatwa that been proposed to be make is to be relating with matters that affecting the importance of national Fatwa Committee must be postponing the discussion about the fatwa that been proposed.
(2) Fatwa Committee may make recommendation to the Yang di-Pertuan Agong (The King) to get his assent. So that the fatwa that been proposed be reffered to National Fatwa Committee, through the Council of the Kings.
(3) Without explaning the generality of subsection (1), a fatwa consideret related with matters that affecting the national if the question have connection with any matters, policies, programmes or activities that directly affect the importance of Federal Government, State Government or any ministries, department, its agencies.
(4) After the Yang di-Pertuan Agong (The King) gives his assent under the subsection (2), The Fatwa Committee must, before the fatwa been reffered to National Fatwa Committee, inform the State Government about the reference.
(5) When a proposed fatwa been reffered to National Fatwa Committee, the Committee must represent advices and recommend it to the Council of the Kings about the matters.
(6) If the National Fatwa Committee advise or recommend so that the proposed fatwa to be carry out, with or without the modifications that suggested, by them, or to advice or recommend other fatwa about the same matters, and the Council of the Kings have agree with the advices and recommendations from The National Fatwa Committee, then the Fatwa Committee must consider the advices and recommendations and after that may couse so that the fatwa follow the advices and recommendations be Publish in Gazette without any amendment, or modifications and allocations of section 48, except subsection 48 (5), must apply to it.
(7) A fatwa that publish in Gazette must be include with statement that the fatwa been carry out under this section.
52. (1) The Fatwa Committee must take any advice and recommendation from National Fatwa Committee that affect any actions or practice that been accepted by the Council of the Kings is the action or practice that comprehend all Federal according to Article 38 (2) (b) Federal Constitution.
(2) Advices or recommendation that accepted according the power of subsection (1) must be regard as fatwa and section 48, except subsection 48 (5), must be apply to it.
(3) A fatwa that been published in Gazette must be include with statement that the fatwa be carry out under this section.
53. If any court except the Syariah Court any questions about Islamic that have to decide, the court may ask the opinions from the Fatwa Committee about the questions, and Mufti may acknowledge the opinions of Fatwa Committee to the courts that make the request.
54. (1) In issuing any fatwa under section 48 or acknowledge any opinions under seksyen 53, Fatwa Committee must ordinarily follow the final (qaul) (accepted opinions) in Mazhab Syafie.
(2) If the Fatwa Committee thinks that following the final ‘qaul’ of Mazhab Syafie, the opposite conditions with public importance will occur, the Fatwa Committee may follow the final qaul of Mazhab Hanafi, Maliki or Hambali.
(3) If the Fatwa Committee thinks that there is no final ‘qaul’ from the four mazhab can be follow without bringing to a condition that is opposite with importance of the public, Fatwa Committee may make the fatwa by ijtihad without binding with final qaul from any of the four mazhab.