10-30-2024, 08:17 AM
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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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.
- More -