Tan Sri Muhyiddin Yassin issued a Fatwa stating that the people of Johore voting for Pakatan Harapan (PH) candidate Suhaizan Kayat in the Pulai parliamentary by-election is Haram. Sultan Sharafuddin Idris Shah, the Sultan of Selangor is pissed off with politicians who seem to stoop as low as to use religion to confuse the Rakyat to dictate power.
The recent campaign for a by-election in the country has for the first time seen the abuse of the wrongful issuance of a Fatwa without due process of what should have been in accordance with the Sharia procedure.
Just what is a Fatwa?
The translation of a fatwa is simply an answer to a question. A fatwa is issued to resolve ambiguities and doubts of practices whether halal or haram in Islam. It is the opinion of a scholar based on that scholar’s understanding of Islam, the scholar’s knowledge of the subject in question, and the social milieu that raised the issue or question. A fatwa is a decree raised to solve a point of doubt in accordance with Islamic laws given by a learned authority in Islam.
In Islam, a fatwa is issued by a religious scholar and then handed out by a religious leader as a legal pronouncement, in essence, a ruling under Islamic law, and in rare cases, a fatwa may even call for death. It is a “legal opinion on a matter that is raised by a constituent” to a Muslim legal authority or a Mufti under Islamic law.
Constitution
In Malaysia, the Sultan is the head of religion in his own state and the Yang di-Pertuan Agong is the head in his own state as well as in the Federal Territories and states without a Sultan. Islamic affairs at the state level are laid out in the Administration of Muslim Law Enactments which are usually similar but may differ from one state to another.
Making a fatwa
The process is within the purview of the Fatwa committee strictly adhering to Muslim law enactments which is a tedious process.
The committee is chaired by the mufti and the deputy mufti, the state legal adviser, two members of the Majlis, an officer of the Jabatan Agama Islam, between two and seven fit and proper persons appointed by the Majlis, and a secretary.
A research and working paper for the Fatwa is prepared and submitted to the Majlis Agama Islam before it is finalised for approval.
The Majlis will require the Sultan of each state for his assent to publish the fatwa in the Gazette. However, It is only In the Federal Territories, that the Mufti can make and publish a fatwa in the Gazette without the consent of the Agong.
National interests
If a proposed fatwa is deemed to affect national interests regarding matters, policies, programmes or activities related to the Federal Government or state governments, the process would change from the usual approach.
An adjournment in discussions and the submission of the matter to the Majlis Agama Islam Selangor.
The Majlis may refer the proposal to the National Fatwa Committee, through the Conference of Rulers but before this, it is first referred to the National Fatwa Committee the Majlis has to first get the assent of the Sultan.
If the National Fatwa Committee recommends that the proposed fatwa be made and even though agreed by the Conference of Rulers, the onus of finality will still be on the Majlis Agama Islam Selangor.
It will then be up to the Majlis to decide if it wants to ask the Sultan for his assent to publish the fatwa in the Gazette.
This means that even though the National Fatwa Committee recommends enforcing a particular fatwa, the ultimate decision of it to be gazetted lies with the Majlis Agama Islam Selangor and the Sultan.
Criminal offence
Muslim Courts (Criminal Jurisdiction) Act 1984. Under the Act, the Syariah Court can meet out a sentence which is a jail term of up to three years and a fine of up to RM5,000 or six strokes of the cane.
Under the Syariah Criminal Offences, any person who propagates or disseminates any opinion contrary to any gazetted fatwa is also guilty of an offence and if convicted is fined up to RM3,000 or jailed for two years.
Having looked at the complexities of making a fatwa it is quite obvious that the level of the integrity of the politician who wrongfully declared a fatwa and now making lame excuses for his actions is as low as it can ever be.
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