KUALA LUMPUR: No one is permitted to issue any fatwa in any capacity, said Institute of Islamic Understanding Malaysia (IKIM) director-general Associate Professor Dr Mohamed Azam Mohamed Adil.
In Malaysia, he said, the issuance of a fatwa can only be made by the state fatwa committee.
"This is after it is consented to by the respective sultan (ruler of the state). Hence no one is permitted to issue any fatwa in any capacity with the act being forbidden by all states' administration enactments," he told the New Straits Times.
Azam was asked to comment on the recent incident where Perikatan Nasional chairman Tan Sri Muhyiddin Yassin had reportedly declared it haram (forbidden) to vote for Pakatan Harapan candidate Suhaizan Kaiat in the upcoming Pulai parliamentary by-election, scheduled for Saturday.
Muhyiddin during his ceramah on Saturday had claimed that not voting for Suhaizan was necessary to show the opposition the anger of voters in the Pulai parliamentary constituency as the unity government did not assist the people during difficult times.
Azam said there are two types of fatwa: gazetted and advisory.
Asked what action can be taken by the religious authorities against politicians who acted as such, Azam said: "To advise him (the person involved) to retract the fatwa or to take legal action under the provision in the enactment."
Yesterday, Inspector-General of Police Tan Sri Razarudin Husain had said police have launched an investigation into Muhyiddin over his haram fatwa remarks.
He had told Berita Harian that the investigation was being carried out by Bukit Aman's Classified Crime Investigation Unit under its Criminal Investigation Department.
He had said Muhyiddin was being investigated under Section 505(b) of the Penal Code for statements that lead to public alarm and distress.
Meanwhile, Muhyiddin's remarks have since drawn criticism from both PH and Barisan Nasional leaders, who questioned his right to issue such a religious edict.
Suhaizan, in response to Muhyiddin, described the political fatwa issued by the latter, who is also Bersatu president, as purely using religion for political gains.
He said the act was inappropriate and as an experienced politician, Muhyiddin should not use halal and haram (sinful) laws against political opponents.
Prime Minister Datuk Seri Anwar Ibrahim also criticised the opposition for campaigning excessively to the extent of being willing to declare the votes for the PH candidate as haram, while BN deputy chairman Datuk Seri Mohamad Hassan said Muhyiddin should not toy with religion but should campaign maturely without stirring controversy.