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Wed, 10 Feb 2010
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 NEWS WITHOUT BORDERS :: Local News |
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Council of Rulers must approve edict first
Terence Fernandez
PETALING JAYA (Nov 24, 2008) : The implementation of the fatwa (edicts) on yoga and tomboys by the National Fatwa Council are on hold pending approval from the Council of Rulers.
According to sources, the rulers have expressed reservation over the pronouncement of the fatwa and want to study both edicts before giving royal assent.
The fatwa prohibiting Muslims from practising the ancient form of exercise was issued on Saturday by National Fatwa Council chairman Datuk Dr Abdul Shukor Husin. He issued another edict banning tomboys and lesbianism on Oct 23.
So far, the Sultan of Selangor Sultan Sharafuddin Idris Shah is the only Ruler who has gone on record on his reservations over the edict.
This morning, the Sultan issued a statement from Istana Bukit Kayangan Shah Alam, stating that the fatwa on Yoga will not be enforced in his State as the edict was not brought before the Selangor Fatwa Committee.
“The State Fatwa Committee which is chaired by the Mufti of Selangor will convene to discuss the matter in depth, so that no decision is made in haste,” His Royal Highness said in a media release issued through his private secretary Datuk Mohamad Munir Bani.
The statement added that after the Committee decides on the fatwa, the proposal will be presented to the Sultan who will decide if it should be adopted. This is in line with the Islamic Administration Enactment (Selangor) 2003.
“It is the wish of Tuanku that in future any fatwa that will affect the general public will be brought to the Council of Rulers first before it is announced,” the statement said, adding that by adhering to protocol and procedure, any decision to implement a fatwa “can be done so intelligently so as to avoid confusion and controversy”.
When contacted later, an Istana Bukit Kayangan official said any religious edict can only be issued by the Council of Rulers before its implementation.
“It is not for the Fatwa Council to declare edicts at their whims and fancy,” he said.
“So as far as Selangor is concerned, any fatwa issued without the proper procedure does not stand, and this involves yoga and tomboys,” he added.
“Their Royal Highnesses are not pleased with the rulings as they were not consulted, as required," said a source.
“It is felt that the Fatwa Council did not respect the position of the Sultans as guardians of Islam since any edict must first be brought before the Council of Rulers before it is announced,” said a source.
According to procedure, after the proposed fatwa is discussed by the State Fatwa Committee, the Mufti, submits the prepared fatwa to the Islamic Religious Council, who in turn makes a recommendation to the Ruler for his assent to publish the fatwa in a Gazette.
Once the edict has been assented to, the religious council informs the State Government of the fatwa, who in turn will proceed to publish it in a Gazette. Once published, the fatwa is binding on every Muslim in the state.
The source added that such protocol is common knowledge to members of the National Fatwa Council. It is not known if Abdul Shukor will be summoned by the King, but it is understood that in Perak, State Religious Department director Datuk Jamry Sury has earned the displeasure of the Perak Royal household for adopting the National Fatwa Council’s edict on Yoga even before Sultan Azlan Shah or Raja Muda Raja Nazrin Shah were consulted.
“Tuanku will summon Datuk Jamry at the appropriate time, but as far as Perak is concerned, both fatwa will not be implemented as yet,” said a palace source in Kuala Kangsar.
Jamry today withdrew his statement, which was reported in The Star today.
The secretary of the Perak Islamic Religious and Malay Customs Council was also quoted as telling the paper that a meeting would be held on Dec 9 before a public announcement was made on the matter.
He said today that as JAIP director, it was beyond his jurisdiction and discretion to make a stand on a religious matter which was the prerogative of the Sultan of Perak.
"The fatwa (on yoga) cannot be adopted in Perak yet as it has not been discussed by the State Fatwa Committee and brought to the attention of the State Islamic Religious and Malay Customs Council before being presented to the Perak Sultan for consent," he told Bernama.
Meanwhile, in Malacca, Chief Minister Datuk Seri Mohd Ali Rustam said the state government would gazette the fatwa on yoga for Muslims issued by the National Fatwa Council, by next month, the latest.
He said the state government fully supported the ruling that the systematic practice of yoga which involved physical movements, mantra and the aim of oneness with God were against Islamic teachings.
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“I will hold a special meeting with the Melaka State Islamic Religious Council (Maim) to discuss the matter,” he said after visiting the state zakat headquarters in Bukit Palah.
Mohd Ali, who is also Maim chairman, said Muslims should take up other forms of physical exercise which would not affect their faith in Islam.
On the call by the Syariah Lawyers Association Malaysia for the government to use the Syariah Criminal Offences Enactment and Penal Code on those who challenged the fatwa institution, he said he supported it.
Mohd Ali said Muslims should adhere to the fatwa issued by the National Fatwa Council, otherwise others would make their own rulings on matters involving religion.
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Updated: 01:03AM Tue, 25 Nov 2008
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