Section 43
Authorities to be followed
of Religious Council and Kadis Courts Act
(1)
In making and issuing any ruling in manner hereinbefore provided, the Majlis and the Legal Committee shall ordinarily follow the orthodox tenets of the Shafeite sect:
Religious Council and Kadis Courts
B.L.R.O. 4/2022 25
Provided that, if it is considered that the following of such orthodox tenets will be opposed to the public interest, the Majlis or the Legal Committee may, unless His Majesty the Sultan and Yang Di-Pertuan shall otherwise direct, follow the less orthodox tenets of the Shafeite sect:
Provided further that, if it is considered that the following of either the orthodox or the less orthodox tenets of the Shafeite sect will be opposed to the public interest, the Majlis or the Legal Committee may, with the special sanction of His Majesty the Sultan and Yang Di-Pertuan, follow the tenets of any of the three remaining sects as may be considered appropriate, but in any such ruling the provisions and principles to be followed shall be set out in full detail and with any necessary explanation.
(2)
Any ruling given by the Majlis, whether directly or through the
Legal Committee, in accordance with the foregoing provisions shall, if the
Majlis so determine or if His Majesty the Sultan and Yang Di-Pertuan so directs, be published in the Gazette and shall thereupon be binding on all
Muslims of the Shafeite sect resident in Brunei Darussalam, other than
Muslims, not being of Malay race, who are subject to a personal law other than that obtaining in Brunei Darussalam.