‘Fatwas under proposed Bill only binding on Muslims’

KUALA LUMPUR: Minister in the Prime Minister’s Department (Religious Affairs) Datuk Dr Mohd Na’im Mokhtar has clarified that the fatwas (edicts) enacted under the Mufti Bill (Federal Territories) 2024 are binding only on Muslims and limited to the jurisdiction of the states.

However, former Malaysian Anti-Corruption Commission chief commissioner and lawyer Latheefa Koya pointed out that the proposed Bill is “unconstitutional as it undermines the King of Malaysia and harms Muslims through government control”.

Mohd Na’im said it should be understood that any fatwa under the Mufti Bill is only binding on Muslims and limited to the jurisdiction of the states through Item 1 of the Second List – State List in the Ninth Schedule of the Federal Constitution.

“Before a fatwa can be binding, the King of Malaysia has to grant consent to it, with the advice of the Islamic Religious Council. Additionally, the fatwa cannot conflict with any written laws,” he said in a statement posted on his Facebook page.

He added that the Bill comprises sections such as an introduction, mufti and deputy mufti, fatwa committee, the issuance of fatwas, determination of the qibla, falak syarie (syariah astronomy) committee, rukyah hilal (sighting of the new moon) committee, Islamic Teachings Oversight Committee, aqidah (faith) discussions and several other matters.

Mohd Na’im said the separation of powers between the Islamic Religious Department, mufti and syariah courts will be more clearly defined under the Mufti Bill, and the administration of justice under syariah courts and Islamic laws under the jurisdiction of a mufti will be under separate Acts.

He stressed that individual rights to freedom are guaranteed under the Constitution, although not absolute, as they are limited by specific provisions such as Articles 8(5)(a), 10, and 11(5).

“For example, the right to freedom of religion under Article 11 of the Constitution is about living with faith, not living without it. The right to freedom of religion for Muslims means the freedom to practise the true teachings of their faith as determined by the ulil amri, or religious leaders.

“The determination of the true teachings of Islam must be based on syariah law. The mufti of the Federal Territories is solely responsible for addressing questions of syariah law governing Muslims in Kuala Lumpur, Labuan and Putrajaya,”

Latheefa said the proposed Bill governing the office of the Federal Territories mufti would grant far-reaching powers to an unelected official appointed by a minister while dictating the lives of Muslims and how they should practise their faith.

She urged MPs debating the Bill in Parliament today to overwhelmingly reject it, and slammed ruling MPs for remaining silent on the issue some three months after it was first tabled in July.

She said the silence and timidity of DAP and Sabah and Sarawak MPs on the Bill are “greatly disappointing”, and urged them to act for the good of the people and uphold the Constitution as they have sworn to defend.

Latheefa said the Bill effectively creates “two chief authorities” for Islamic affairs in the federal territories – a mufti in addition to the King of Malaysia, who is the constitutional head of Islam as well as the federal territories and states without a sultan.

She said by making the mufti the highest authority “next to the King”, the Bill “derogates the position of the King as the head of Islam in Malaysia” as stipulated in Articles 3(5) and 34(1) of the Constitution.

“The mufti is appointed upon advice of the minister, and therefore the federal government will obtain wide powers 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.”