TUTORIAL QUESTION 2

In December 2015, the National Fatwa Council declared the usage of e-cigarettes or vape is haram
(forbidden) for Muslims. This is because from the Syariah perspective, Muslims cannot consume
something that is harmful to their health or indulge in things that are wasteful. The council also finds
that the consumption of something that is harmful, whether directly or indirectly, purposely or not,
could lead to harm or death; therefore, this will not be allowed.

a) Explain the fundamental requirements for the enforceability of the above fatwa.

A form of ijtihad known as a fatwa falls somewhere between a mufti and a Mustafi. Apart
from the Federal Territories, fatwa is a state issue according to the federal constitution.
Malaysia's state and federal legislation impose stringent restrictions on the fatwa process.

The fundamental requirements for the enforceability of the fatwa above is the e-cigarettes
can be equated to drinking poison and smoking conventional cigarettes. Due to their
harmful effects and offensive smell, e-cigarettes and vapes are categorised as repulsive.
Spending money on detrimental and useless items is another aspect of waste that they have.
Anything that can caused any harm to our body are forbidden (Haram) in Islam.

The existence of arguments about the banning (Haram) of traditional cigarettes and the
equivalent of electronic cigarettes has caused the fatwa to come into effect.
b) Whether the fatwa binds the civil court and the Syariah court? Support your answer with
relevant legal provision and cases.

Fatwa only binding syariah courts but not civil courts. The Syariah Courts will punish anyone
who violates a fatwa with any act. In all states outside Kelantan, the Syariah court can be
said to have authority over the fatwa. The Syariah court uses a variety of techniques to
consider a fatwa as authoritative when rendering a decision.

In the part III of the Administration of Islamic Law (Federal Territories) Act 1993, Section 34.
Fatwa. The Mufti may issue a fatwa, or ruling, on any unresolved or contentious issue of or
connected to Islamic law, at the Yang di-Pertuan Agong's instruction as well as on his own
initiative or upon the request of any person made in a letter addressed to the Mufti.
Additionally, unless and unless it is published in the Gazette in accordance with subsection
(1), no statement made by the Mufti shall be deemed to be a fatwa and fatwa becomes
legally enforceable on all Muslims living in the Federal Territories upon publishing in the
Gazette. It is every Muslim's religious obligation to follow and uphold the fatwa, unless
Islamic law permits him to do otherwise in terms of personal observance, belief, or opinion.

By referring to Syariah Criminal Offences (Federal Territories Act 1997), the act that
considered as against fatwa are resists, disobeys, or challenges the mandates or directives of
the YDPA as the Head of the Islamic religion, the Majlis, or the Mufti that mentioned in
section 9, expresses, promotes, or disseminates any viewpoint that is adverse to an active
fatwa regarding Islamic doctrines, Islamic law, or any other matter that stated in section 12.
Section 49 of the Administration of the Religion of Islam (State of Selangor) Enactment 2003
also stated about every Muslim is required by his faith to follow and uphold the fatwa that
has been published in the Gazette, and doing so is a religious obligation