The Mufti (Federal Territories) Bill 2024 interferes with Muslims’ rights

The federal government will obtain wide power and authority over every aspect of the religious practices of Muslims in this country once the Mufti Bill becomes law.

Latheefa Koya, FMT

I refer to the Mufti (Federal Territories) Bill 2024 (Mufti Bill) which is to be tabled when Parliament opens on Monday. This bill has serious implications and consequences for Muslims in this country.

Firstly, clause 4(1) of the bill makes the mufti the “chief authority” on matters of Islamic law in the federal territories, next to the king. This derogates from the position of the king as the head of Islam in Malaysia as provided for in Article 3(5) and 34(1) of the Federal Constitution.

There cannot be two chief authorities on Islamic matters in the federal territories.

Under this new law, the mufti can, through the issuance of binding fatwas, interfere in the daily life of Muslims and their right to practise their religion according to the Quran and hadith.

The mufti is appointed upon the advice of the minister. Therefore, the federal government will obtain wide power and authority over every aspect of the religious practices of Muslims in this country once the Mufti Bill becomes law.

This is not the role envisaged for the federal government under our constitution. It is against the basic structure of our constitution and thus unconstitutional.

The mechanism of control is the unprecedented new type of fatwa provided in clause 11 of this bill. It prescribes that a fatwa issued by the mufti as chairman of the national fatwa committee “shall be binding” on every Muslim. There is no exception or qualification.

This is a huge departure from the current legal position of fatwas, where Section 34(3) of the Administration of Islamic Law (Federal Territories) 1993 contains an exception for departure from a fatwa in matters of personal observance, belief or opinion.

In contrast, the edict of a mufti under the proposed bill’s content is ironclad and immutable.

Consequently, the offences already enumerated in the Syariah Criminal Offences (Federal Territories) Act 1997 may be widened by the operation of the Mufti Bill to cover almost every aspect of a Muslim’s social, economic and political life.

In other words, any fatwa on any aspect made by the mufti can potentially give rise to an offence under the Act. Thus, the bill will lead to the unfettered increase of the types or categories of offences enforceable against Muslims.

All this has far-reaching consequences for the country. While this bill is confined to the federal territories, similar laws are bound to be adopted throughout the states.

It will give power to the government through the mufti to control or police every aspect of the life of Muslims in this country.

For example, what Muslims wear, where they eat, who they associate with or how they interact with fellow Malaysians may all be subject to such fatwas, which will be enforceable.

No government should have such powers over its people in a democracy, purportedly under the guise of religion.

To make things worse, by clause 8(b), the mufti may, on his own “initiative” without any direction by the Yang di-Pertuan Agong, issue fatwas.

This is a blank cheque given to the mufti, who is an unelected official, to govern and direct the lives of Muslims.

Clause 7(2) of the bill provides for a representative from the Attorney-General’s Chambers “who is a Muslim” to sit upon the national fatwa committee. It is shocking to see such a clause in a federal bill presented by the government.

It has been 67 years since Merdeka, but they are still dividing us by religion and race. It is in breach of Article 8 of the Federal Constitution for any appointment from a federal body such as the AGC to be reserved for a person of a particular religion.

 

Clear and present danger

It is also plainly absurd as the bill itself will be debated and voted upon by non-Muslim MPs in the Dewan Rakyat as well as Muslim MPs.

In conclusion, this Mufti Bill poses a clear and present danger to the right of Muslims in Malaysia to practise their religion and carry on their daily lives without interference from the government or unelected religious officials.

I urge the government to withdraw this bill for further consideration and throw out the offending clauses. If the government attempts to proceed with the reading and debate of the bill in the Dewan Rakyat next week, MPs must in good conscience reject the bill overwhelmingly.

In this regard, the silence and timidity of DAP and Sabah and Sarawak MPs on this bill is greatly disappointing. I urge them to act for the good of the people and to uphold the constitution, as they have sworn to do.

Latheefa Koya is a lawyer and activist and a co-founder of Lawyers for Liberty.