The majority of Muslims in our country do not possess comprehensive knowledge of syariah law.
Therefore, when dealing with matters pertaining to syariah law, they tend to look for the opinion of religious teachers or asatizah who share their personal views on social media.
It must be understood that the act of searching for syariah rulings that solely suit our lifestyle and personal desires instead of those that have been carefully analysed by the proper authorities is forbidden.
The Shariah Advisory Councils of Bank Negara Malaysia and the Securities Commission have been empowered by the Central Bank of Malaysia Act 2009 and the Securities Commission Act 1993, respectively, to regulate the issues on muamalat laws, which rulings are now binding on the courts.
Similarly, State Fatwa Councils have been empowered to make formal rulings or interpretations on points of Islamic law. These are called fatwa, binding on every Muslim of the respective states.
Therefore, for the purpose of enforcement, the fatwa should also be binding on statutory bodies, government agencies, institutions, organisations or bodies.
The State Fatwa Council is given the authority to make fatwa within its jurisdiction, particularly on how matters of Islamic law are governed, as approved by the sultan as the head of Islam of the state.
The council's guidance is crucial to protect the interests of the public and to avoid misunderstandings or disputes on the understanding of the law.
The safety and welfare of the public should be of utmost importance. Ergo, bringing harmony to the public with the guidelines of fatwa should be a priority, as opposed to the call for the rights of freedom from a small fragment of society.
Thus, fatwa needs to be recognised as a vital source of law. Nowadays, issues in syariah law often overlap with civil law, so much so that civil courts now also review syariah law matters.
In a recent case regarding the name "Bin Abdullah" for a Muslim illegitimate child, the Federal Court was faced with the question of the enforceability of the fatwa made by the National Fatwa Committee Council and the Johor Fatwa Council prohibiting a Muslim illegitimate child from adopting his father's name, in contrast with provisions under Section 13A of the Births and Deaths Registration Act 1957 that give an illegitimate child the right to do so.
The Federal Court ultimately ruled that a gazetted fatwa is legally binding for a government agency such as the National Registration Department in matters pertaining to Muslim personal law.
Of late, fatwa are seen with distaste as they are deemed "restrictive" and "rigid", thus often challenged by some people who believe these laws strip away their freedom, including those involving publications, unauthorised movements or conveying of teachings, to name a few.
So, it is highly pertinent for State Fatwa Councils to embrace the situation by having council members well-versed in various disciplines ensure the process of drafting fatwa is comprehensive, done with thorough research and debate and take into consideration current affairs, development and needs of society.
In an age where sharing content is effortless, fatwa are often vilified by the public and those who consider themselves knowledgeable in Islamic affairs. This results in the public criticising and degrading the fatwa.
At times, there may be fatwa we strongly oppose for we may be more competent and educated on the matter. Nevertheless, it does not give us the right to disrespect the fatwa.
It is high time mufti and fatwa institutions be codified in each state, like the Kedah State Mufti and Fatwa Enactment and the Sabah State Fatwa Enactment.
Fatwa issued by the State Fatwa Council is binding on every Muslim in the state. It is a Muslim's duty to abide by and adhere to the fatwa. Any act of violating, demeaning or encouraging other Muslims to oppose a fatwa issued by the state is a criminal offence under syariah law.
Therefore, those who hold power in legal and judicial institutions should be careful not to ridicule fatwa institutions as the fatwa must be respected and upheld to help the ummah face challenges and issues.
The writer is an advocate and solicitor based in Johor Baru, Johor