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Malay Mail
21-06-2025
- Politics
- Malay Mail
Legal quagmire when a fatwa does not apply to companies but a ruling does — Hafiz Hassan
JUNE 21 — According to Article 160(2) of the Federal Constitution, law includes written law, which in turn comprises federal law and state law. Federal law includes legislation made by Parliament (Acts), while state law consists of legislation enacted by the State Legislative Assemblies (Enactments or Ordinances). A fatwa is both federal and state law. It is federal law when issued under the Administration of Islamic Law Act, and it is state law when made under the respective Enactments or Ordinances of each state — but law nonetheless. A fatwa (plural: fatawa) in Islamic jurisprudence is a formal ruling or interpretation on a point of Islamic law, issued by a qualified legal scholar (mufti) in response to a specific question posed by an individual (mustafti). The ruling is a practical application of Islamic law to a particular issue and is given after the mufti has engaged in ijtihad to reach a legal conclusion. Ijtihad refers to the process of striving to derive legal rulings from the primary sources of Islamic law — the Quran and the Sunnah — when a clear and direct ruling is not available. It involves a comprehensive understanding of Islamic legal theory (usul al-fiqh) and the ability to apply it to new or emerging issues. The relationship between ijtihad and fatwa is this: ijtihad is the methodology; fatwa is the product. A mufti uses ijtihad to formulate a legal conclusion, which is then issued as a fatwa. Although considered authoritative, fatwas are generally not binding and typically serve as advisory opinions. Under Malaysian law (Acts, Enactments or Ordinances), a fatwa is defined as a ruling on any unsettled or controversial question related to Islamic law. No statement made by a mufti shall be deemed a fatwa unless and until it is published in the Gazette. Once published, a fatwa is binding on every Muslim resident in the relevant territory or state as a dictate of their religion, and it becomes their religious duty to observe and uphold the fatwa — unless Islamic law allows personal deviation in matters of belief, observance or opinion. A fatwa is also recognised by the Shariah courts as authoritative on all matters addressed within it. (See, for example, Section 34 of the Administration of Islamic Law (Federal Territories) Act 1993.) By definition, a Muslim is a person who professes the religion of Islam. A person, in turn, includes a body of persons, corporate or unincorporated. (See Section 3 of the Interpretation Acts 1948 and 1967.) Federal law includes legislation made by Parliament, while state law consists of legislation enacted by the State Legislative Assemblies. — Picture by Yusof Mat Isa Another product of ijtihad is what is otherwise referred to as a ruling under the law. Take, for example, the rulings issued by the Shariah Advisory Council (SAC) of Bank Negara Malaysia (BNM). The SAC was established in May 1997 as the highest Shariah authority for Islamic financial institutions in Malaysia. Its roles and functions as the authoritative body for the ascertainment of Islamic law in the context of Islamic finance — which is supervised and regulated by BNM — were reinforced with the enactment of the Central Bank of Malaysia Act 2009 (CBA). (See Sections 51 and 52 of the CBA.) The SAC plays a pivotal role in ensuring the consistent application of Shariah rulings across Islamic financial institutions. These rulings serve as the primary reference to ensure end-to-end Shariah compliance in the structuring and implementation of financial products and activities. Crucially, Section 57 of the CBA makes these rulings binding on Islamic financial institutions. Furthermore, Section 58 of the CBA provides that SAC rulings 'shall prevail' over any ruling made by a Shariah body or committee of an Islamic financial institution. And so we arrive at this paradox: following the majority decision of the Federal Court in the Sisters in Islam Forum fatwa case, one product of ijtihad (a fatwa) does not bind companies, but another (a ruling) does. The majority reasoned that only a natural person can profess the religion of Islam. However, the judgment did not address the definition of 'person' under Section 3 of the Interpretation Acts 1948 and 1967. (As noted above, 'person' includes corporate entities.) We respect the decision of the majority. But after years of legal proceedings, it is humbly submitted that we are not yet out of a legal quagmire. * This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
Yahoo
16-05-2025
- Health
- Yahoo
What to know about brain-dead Georgia woman reportedly being kept on life support because she's pregnant
In May 2025, a rumor circulated online that a brain-dead woman in Georgia was being kept alive artificially against her family's wishes to allow her pregnancy to reach a term at which the baby might survive on its own. This was supposedly due to the abortion ban in the state. For example, writer and activist Jessica Valenti posted a video discussing the situation on her X account (archived): "If you have the capacity for pregnancy, you are not a person to them," Valenti said in the video. "You are a vessel, you are an incubator, but you are most certainly not a human being, because you don't treat human beings like this." The post had reached 168,100 views and 1,800 likes as of this writing. The claim further spread on X, where one post garnered 2.8 million views (archived), on TikTok and on Reddit. Further, Snopes readers searched the site seeking to confirm the veracity of the rumor. Indeed, Snopes was able to determine that several reputable news sources had reported on the story, including The Associated Press, NBC News and local NBC affiliate 11Alive-WXIA. Snopes attempted to contact April Newkirk, the woman in question's mother and the source of the details reported in those outlets, to confirm the story, and we will update this article should she respond. According to these reports, Adriana Smith, a 30-year-old nurse and mother of one, was nine weeks pregnant when she died in February. She went to Northside Hospital seeking treatment following "intense headaches," Newkirk told WXIA. Newkirk said the doctors there did not do tests and sent her home with medication. The next day, her boyfriend called 911 after he noticed her struggling to breathe, and Smith was admitted to Emory University Hospital, where she worked. There, doctors identified blood clots in her brain on a CT scan and declared her brain-dead, which constitutes legal death in all 50 states. However, due to Georgia's ban on abortion, effective from the moment a fetus' heartbeat is detectable, doctors reportedly told Smith's family they would not turn off the machines that are keeping her body functionally alive. Indeed, a fetus' heartbeat is generally detectable at six weeks of pregnancy. Smith was 21 weeks pregnant the week of May 12, 2025, according to her mother. Doctors hoped to take the pregnancy to 32 weeks to increase the fetus' chances of survival. She was moved to Emory Decatur Hospital, which had better obstetric care. We have reached out to the hospital for more details and will update the story should we receive an answer. However, Newkirk said the doctors told her the fetus, which is male, had fluid around its brain, though it was not clear how much, and that they were concerned about its health. Further, the financial cost of Smith's long-term hospital stay was also a concern for her family. Alcorn, Cody. "Family Says Woman Declared Brain Dead but Her Pregnancy Continues under State Law." WXIA, 13 May 2025, Accessed 16 May 2025. Amy, Jeff, et al. "Georgia's Anti-Abortion Law Keeps Brain-Dead Pregnant Woman Adriana Smith on Life Support." AP News, 15 May 2025, Accessed 16 May 2025. Burke, Minyvonne. "Georgia Mother Says She Is Being Forced to Keep Brain-Dead Pregnant Daughter Alive under Abortion Ban Law." NBC News, 15 May 2025, Accessed 16 May 2025. "House Bill 481." 2019, Accessed 16 May 2025. "Maternity Center | Emory Decatur Hospital." 2025, Accessed 16 May 2025.
Yahoo
02-04-2025
- Politics
- Yahoo
Bridgeport mayor issues statement on city manager's possible removal
BRIDGEPORT, (WBOY) — Bridgeport Mayor Andy Lang has issued a statement on Thursday's special council meeting to discuss the potential removal of City Manager Patrick Ford. In a statement emailed to 12 News on Wednesday morning, Lang wrote 'Thursday's Special Meeting was called by me in accordance with the City's procedural requirements.' City officials have not commented publicly on the reason they're considering Ford's removal. 'The City Council and I are elected to serve the residents of the City of Bridgeport, and we took an oath to serve and always work in the best interests of the City,' Lang wrote. 'Many times, we must discuss and act on tough issues and make decisions to keep the City moving forward.' Bridgeport city manager intends to fight for his job Ford, who was hired in October of 2024, has claimed his possible termination is an effort by city leaders to hide the results of an internal investigation initiated in February of 2025. In a letter to City Council obtained by 12 News, Ford wrote 'on February 10th, 2025, you (city council) unanimously voted to initiate an internal investigation — the initial results of which you are collectively now attempting to hide through my termination.' In that same letter, Ford invoked West Virginia State Code, which he said gives him the statutory right to have an open meeting concerning his employment status. In an email sent to local media outlets Tuesday, Ford said there was a 'wealth of misinformation' circulating about his reputation and character and that he intends to 'fight for what is right — and my job.' The Thursday special meeting has one item on the agenda: discussion and possible action on Ford's removal from office. 'Thursday's Special Meeting was called by me in accordance with the City's procedural requirements,' wrote Lang in his Wednesday statement. 'As an elected official who takes my responsibilities seriously, I will not deviate from the processes that we are obligated to follow. Rest assured, regardless of any information posted on social media or elsewhere, accurate information will be provided when appropriate. We must follow State Law and the Charter of the City of Bridgeport.' The special meeting is scheduled for Thursday at 5 p.m. 12 News will be at the meeting and will bring you the latest. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Fox News
02-04-2025
- Politics
- Fox News
Washington athletics org's proposals to change trans-athlete policy would violate state law, official says
Washington appears to be the latest state that is getting set for a showdown over its decision to allow biological males to play in girls' and women's sports despite President Donald Trump's executive order in February. The Washington Interscholastic Activities Association (WIAA)'s Representative Assembly proposed two amendments to its policies that would keep girls' sports to biological females only and potentially offer an open division if student-athletes were interested. However, WIAA commutations director Sean Bessette said in a statement to The Seattle Times on Tuesday that the proposals would violate state law. "The WIAA has been told by the Attorney General's office, the Office for Civil Rights, and the Office of Superintendent of Public Instruction that proposed amendments ML/HS #7 and ML/HS #8 would be a violation under current Washington state law, affirming our attorney's legal review," Bessette told the paper. "The WIAA remains committed to following state law, and those amendments focused on gender-identity participation would not be implemented on August 1 if they were to pass under current state law. "If state law were to change, the WIAA's Executive Board has the authority and would need to alter the Association's rules accordingly." The proposals will be voted on by the 53-person representative assembly but no changes will be made to the rules. The proposals titled ML/HS #7 and ML/HS #8 are strictly advisory votes only. "Amendment would not be implemented under current State Law. Participation in girls' sports would be limited to biological females," the ML/HS #7 proposal read on the athletics organization's website. "Amendment would not be implemented under current State Law. Athletic programs would be offered separately for boys, girls, and an open division for all students interested," ML/HS #8 read. Washington state law requires local educational agencies to allow transgender students to participate in interscholastic sports "that most closely aligns with their gender identity," according to the WIAA. The Kennewick School Board filed a Title IX complaint with the U.S. Department of Education's Office of Civil Rights against Washington state's Superintendent of Public Instruction Chris Reykdal this week. The complaint included a plea for "urgent" federal intervention against the state's ongoing policies that defy Trump's order. Reykdal previously claimed it was "inaccurate" to say there are only two genders during a video address in late February. "It is quite simply inaccurate to say, biologically, that there are only boys and there are only girls," Reykdal said. "There's a continuum. There's a science to this. There are children who are born intersex. There are children whose hormones and whose chromosomes are not consistent with their sex at birth. "Our state laws make clear that children get to identify and participate based on the gender in which they identify. We're going to uphold that law." Reykdal also insisted in that address that Trump does not have the authority as president to issue a ban on trans athletes in girls' sports but conceded the U.S. Congress does. Another school district in Washington opted to take matters into its own hands and defy the state government in late February. The Tumwater School District's board of directors voted 3-1 Feb. 27 to ban trans athletes from playing for girls sports teams after a nationally publicized controversy involving one of its school's girls basketball teams. Follow Fox News Digital's sports coverage on X, and subscribe to the Fox News Sports Huddle newsletter.
Yahoo
26-03-2025
- Business
- Yahoo
INDOT suing Dubois County property owners
HENDERSON, Ky. (WEHT)- 121 property owners in Dubois County are being sued by the Indiana Department of Transportation over issues surrounding the Mid-States Corridor Project. 12-year-old inspires Dallas basketball team The lawsuit filed in Dubois Circuit Court alleges that property owners are unlawfully preventing the agency from conducting environmental assessments and surveying for the project, which would connect I-64 to I-69 through Spencer, Dubois, and Martin Counties. INDOT claims that State Law allows the agency to do so. According to court documents, INDOT contacted property owners by mail, phone, and in-person, but were told they could not have access to their properties. INDOT says they were also sent cease and desist letters from an Indianapolis attorney who is representing the property owners. INDOT is now seeking a preliminary injunction to prohibit property owners from interfering with the department's rights of access, surveying and assessment under Indiana law. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
