Joint Press Statement by Sabah and Sarawak NGOs & Others Opposing the Mufti Bill
The imposition of race and religion-based policies not only undermines the Constitution but also breaches international law.
Murray Hunter
The undersigned NGOs and other signatories jointly express their utmost alarm and concern over the continuing federal breaches of MA63 (if valid) and the destruction of MA63 secularism concept.
“We in Sabah and Sarawak strongly oppose the proposed Mufti Bill that seeks to expand the powers of the Mufti in the Federal Territories.
We firmly reject any move to be ruled by Muftis, as this would effectively sideline the constitutional monarchy, the Madani government, and the secular parliamentary democracy that Malaysia is built upon. Such a change would transform Malaysia into an Islamic state overnight.”
The ongoing violations of the Malaysia Agreement 1963 (MA63) have reached a critical point, with recent developments such as the recent halal certification issue, the divisive #RUU355 Bill, appointment of halal inspectors and the impending passage of the Mufti Bill 2024.
These measures represent yet more serious breaches of MA63 and have sparked widespread concern among citizens, especially in Sabah and Sarawak.
It is also opposed by Muslim people who are concern that “the Mufti Bill marks a more explicit sectarian turn in the bureaucratisation of Islam since the 2000s, aiming to institutionalise Sunni Ash’arism as the state-sanctioned version of Islam”. The politicisation of ideologies “will foster intolerance and radicalism by promoting dehumanising values and undermining democracy”. (quotes from Competing Sectarianism in Malaysia By Aizat Shamsuddin October 08, 2024) The Diplomat https://thediplomat.com/2024/
These actions constitute direct attacks on the secular system, which was a fundamental guarantee to Sabah and Sarawak when Malaysia and also the Malayan Federation were set up. The cumulative effect of these breaches highlights a pattern of erosion of the constitutional safeguards that were intended to protect the pluralistic and secular nature of the federation.
Historical Context and Guarantees for a Secular System in Malaysia’s Formation
When Malaysia was set up in 1963 under the Malaysia Agreement 1963 (MA63), Sabah and Sarawak were promised autonomy and guarantees including protection of their secular and pluralist systems as inducement to give up their demands for real independence. Unlike Malaya, where Islam was the official religion, Sabah and Sarawak were guaranteed the right to maintain their secular identities. It was an agreed term that there would have “no state religion” for the 2 states. This was a key factor in their decision to join Malaya and Singapore to set up the federation. However, over the past 61 years, these promises have been systematically violated.
This term was broken when the Sabah Constitution was amended to make Islam the state religion and the Sarawak Constitution amended to make the Agong the Head of Islam in Sarawak, a change that was never intended when Malaysia was created. These amendments which could only have proceeded with the blessings of the federal government, effectively introduced Islam as an official religion in the states, contrary to the original terms of MA63.
In the 1970s the federal government in breach of UN human rights and international laws and the federal constitution, had initiated population re-engineering of Sabah by flooding it with southern Philippines refugees transforming it into a Muslim majority in Sabah. These changes were not only unconstitutional but also deeply troubling for the pluralistic and secular foundations upon which Malaysia was meant to stand.
The Mufti Bill and Its Far-Reaching Implications
The Mufti Bill, which is set to be passed on 16 or 17 October 2024, is yet another alarming development that further erodes the damaged secular structure of Malaysia. This bill would grant sweeping powers to the Mufti, enabling the issuance of religious decrees that could have significant impacts on both Muslims and non-Muslims alike. These decrees could bypass the authority of Parliament and the courts, effectively placing religious law above civil law. The Mufti could even appoint advisors from outside the federation, allowing external religious influence to shape domestic laws. Muftis have no jurisdiction in Parliament as they are not elected representatives of the people. Elevating their influence would ultimately lead to a situation where “the entire Federation could be ruled by Muftis.”
The broad powers of the Mufti under this bill pose a direct threat to the secular system. NonMuslims could be forced to comply with Islamic decrees, further deepening the Islamization and destabilising foundations of the federation. The bill exemplifies how the federal government, particularly under the current Madani administration, has accelerated the process of dismantling the secular foundations of the nation. This trend, which began decades ago, has now reached a critical point where secularism is at risk of being completely replaced by a race-religion apartheid system.
The Violation of the Basic Structure Doctrine and International Law
The secular pluralist system promised under MA63 has been replaced by a race-religion apartheid system embodied by the New Economic Policy (NEP) and the ideology of Ketuanan Melayu. This was never a negotiated item of the Malaysia Agreement.
These developments violate the Basic Structure Doctrine of the Malaysian Constitution, which protects the fundamental pillars of the federation, including secularism and federalism. The imposition of race and religion-based policies not only undermines the Constitution but also breaches international law.
