KUALA LUMPUR, Nov 4 — With Global Ikhwan Services and Business Holdings Sdn Bhd (GISBH) labeled deviant in several Malaysian states, what are the legal repercussions?
Here's a brief overview:
1. *What is a Fatwa?*
A fatwa is a legal opinion issued by a mufti on Islamic law. In Malaysia, muftis collaborate with state committees to discuss and propose fatwas, which must receive royal assent to be gazetted.
2. *When Does a Fatwa Become Law?*
A fatwa becomes legally binding only when state governments gazette it. For example, in Selangor, a gazetted fatwa is recognized by courts and must be followed by Muslims.
3. *Enforcement of Gazetted Fatwas*
Enforcement is the responsibility of state Islamic religious councils, which can prosecute violators in Shariah courts. They may also collaborate with police if criminal elements are involved.
4. *Consequences of Defying a Gazetted Fatwa*
Violating a gazetted fatwa can result in charges in Shariah courts, which can result in fines or imprisonment. Selangor's laws specifically address deviant teachings and outline various offenses.
5. *Past Cases of Charges*
There have been instances of individuals charged for deviant beliefs, including notable cases like Abdul Kahar Ahmad, sentenced in 2009, and recent charges against followers of the Millah Abraham sect.
6. *States with Fatwas Against GISBH*
Six states have declared GISBH deviant, with Selangor being the only one to have gazetted its fatwa, allowing for enforcement.
7. *Details of Selangor’s Fatwa*
The Selangor fatwa states that GISBH continues to practice beliefs associated with the previously declared deviant group, Darul Arqam.
8. *Next Steps*
The National Council for Islamic Religious Affairs is considering GISBH’s status, with potential new fatwas pending approval from the Conference of Rulers. States are waiting for further direction before proceeding.