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THE MCA today said the biggest controversy surrounding the Mufti (Federal Territories) Bill 2024 lies in the fact that Islamic rulings (fatwa) issued by each state’s mufti will be gazetted, giving them legal effect and enforceability upon Muslims.

In a statement, it said there were several key issues raised by this Bill which include the power of non-elected officials.

"The muftis, as non-elected officials, would have the power to enact legally binding regulations on Muslims, which goes against the spirit of democracy.

"Granting such significant legislative power to religious officials who are not subject to the oversight of elected representatives is inconsistent with the principles of a representative democracy," it said.

On the applicability of laws, it said in the Sulaiman Takrib vs State of Terengganu case, Federal Court Judge Abdul Hamid Mohamad ruled that violations of Islamic prohibitions cannot be considered criminal offences.

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“Mufti Bill needs consultation via constitutional principles for it affects both Muslims and non-Muslims”

ONE of the principles of democracy is the acceptance of synthesis of ideas for the common good of the country.

The moment ideas or thought processes are reduced to a single ideology, they could turn extreme and possibly lead to oppression and injustice.

This is a reason for the existence of written constitutional principles that transcends ideological boundaries.

In this regard the Mufti Bill (Federal Territories) 2024 is a cause of concern.

Even though the Mufti Bill is for Muslim community, Malaysians as whole have to be concerned about the thought patterns and intentions behind the Bill which creates a certain immunity for a position besides adhering to a certain school of thought while rejecting other views that are contrary to its ideological framework.

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Muftis, fatwas and the Federal Constitution
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The Mufti (Federal Territories) Bill 2024 makes unacceptable inroads into the doctrine of constitutional supremacy which is the foundation on which this nation is built.

The word “fatwa” is currently the subject of explosive debate in Malaysia.

In Islam, a fatwa has always been a non-binding opinion issued by a shariah scholar on matters of Islamic law and practice. It was never intended to have any legal consequence in the nature of punishment imposed on a Muslim.

But all that will change if the Mufti (Federal Territories) Bill 2024 is passed into law by Parliament. In my view, the proposal to turn fatwas into enforceable laws is a direct attack on the spine of the Federal Constitution itself.

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Mufti bill infringes on freedoms protected by the constitution

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The restriction on the interpretation of Ahli Sunnah Wal Jamaah in the controversial Mufti (Federal Territories) Bill 2024, to only those adhering to a certain school of thought, can be challenged in the spirit of constitutional flexibility and the diverse Islamic interpretations.

Article 8 of the Federal Constitution states that there shall be no discrimination against any person, and that all persons are equal before the law.

How then can only persons of certain denominations within Islam be appointed to the position of mufti in the federal territories? This definitely defies Article 8, thus making the bill unconstitutional.

Granting the mufti excessive power also has constitutional implications. We feel that this provision is ultra vires in view of the constitution’s provisions which stipulate that the Yang di-Pertuan Agong is the head of Islam in the federal territories.

While it is debatable whether it is Islamically right or wrong, it is definitely unconstitutional as it stands. This remains the case unless there is a debate on whether the Yang di-Pertuan Agong should be the head of Islam in the federal territories.

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SIS warns of potential ‘backdoor’ laws via FT’s Mufti bill

KUALA LUMPUR: A women’s rights group has warned that the proposed Mufti (Federal Territories) Bill 2024, if passed, could facilitate the creation of “backdoor” laws through a misuse of fatwas.

Sisters in Islam (SIS) advocacy, legal services and research manager Waheda Rufin said this process could be utilised to indirectly criminalise certain acts, bypassing altogether the legislative process.

She said a fatwa, once gazetted, cannot be questioned, and may be prosecuted under Section 12 of the Syariah Criminal Offences (Federal Territories) Act 1997.
“For instance, instead of criminalising sodomy, a fatwa could be issued declaring same-sex relationships forbidden (haram). So, instead of criminalising the act of sodomy, they just criminalise the act of defying the fatwa, not the action itself.

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