11-01-2024, 08:08 AM
SIS warns of potential ‘backdoor’ laws via FT’s Mufti bill
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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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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.
- More -