Pahang Mufti: Any fatwa I issue is still a fatwa

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PETALING JAYA: Pahang Mufti Abdul Rahman Osman has reiterated that he has done nothing wrong in the “kafir harbi” issue and defended the validity of fatwas he issues as mufti.

Speaking to FMT, Abdul Rahman responded to lawyer Syahredzan Johan’s comments that a fatwa had to be gazetted to be official and that he could be charged under Section 505 of the Penal Code for his comments.

Section 40 says that the mufti cannot be summoned to any civil court or shariah court to give opinion or evidence relating to Islamic law.

Section 505 states that statements which could incite any community to commit an offence against another shall be punished with up to two years’ imprisonment.

Abdul Rahman said that as a mufti, a fatwa he issued is still a fatwa, whether it has been gazetted or not.

“A fatwa is a fatwa, regardless of whether it has been gazetted.

“The only difference is that if it is not gazetted, it cannot be enforced.”

Thus, he said, he was protected under Section 40 of the Administration of Islamic Law (Pahang) Enactment 1991.

On Syahredzan’s statement that his remarks were an offence under Section 505 of the Penal Code, Abdul Rahman said he did not believe his remarks breached any laws.

“According to the Quran and hadith, non-Muslims who oppose Islam are regarded as kafir harbi. I did not label all non-Muslims as kafir harbi.”

He said non-Muslims who opposed the private member’s bill to elevate the status of shariah courts demonstrated kafir harbi thinking.

He added that this did not mean all DAP members or non-Muslims were kafir harbi, rather only the non-Muslims who opposed the bill.

Abdul Rahman also reiterated that he never called on anyone to wage war over the issue.

“All I said was that Muslims should not be working together with the non-Muslims who are specifically opposing Islam,” he said, stressing he was only talking about the issue from a religious context.