Picture Credit: Buwaneka Boralessa
Agong head of Islam in Malaysia under Articles 3(5) and 34(1) of the Federal Constitution.
OPINION . . .
The Mufti (Federal Territories) Bill 2024, which is to be tabled in Parliament opens, 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 Yang di-Pertuan Agong.
This derogates from the position of the king as the head of Islam in Malaysia as provided for in Articles 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 practice their religion according to the Quran and Hadith.
The mufti is appointed upon the advice of the minister, and therefore the federal government will obtain wide power and authority over every aspect of the religious practices of Muslims in this country once the bill is 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.
Unfettered powers
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 chairperson of the 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.
The edict of a mufti under the proposed bill is iron-clad 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 (FT) Bill 2024 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 Syariah Criminal Offences (FT) Act 1997. 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.
Blank cheque for unelected official
To make things worse, by clause 8(b), the mufti may, on his own “initiative” without any direction from the 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 also provides for a representative from the Attorney-General’s Chambers “who is a Muslim” to sit on the Fatwa Committee.
It is shocking to see such a clause in a federal bill presented by the government; 67 years after Merdeka, they still divide 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 to a person of a particular religion.
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 practice their religion and carry on daily life without interference from the government or unelected religious officials.
The government should 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 Parliament, MPs must, in good conscience, overwhelmingly reject the bill.
In this regard, the silence and timidity of the DAP and Sabah and Sarawak MPs on this bill is greatly disappointing.
They should act for the good of the people and to uphold the Constitution, as they have sworn to do.
This Article first appeared here . . .
https://m.malaysiakini.com/columns/722135
DISCLAIMER: The views expressed in the Article do not necessarily represent those of the Center for Policy Initiatives (CPI).
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