Concerns Over the Muftis and Fatwas: The Impact on the Federal Constitution

The debate surrounding the concept of “fatwa” has reached a fever pitch in Malaysia, and for good reason. In Islam, a fatwa is a non-binding opinion issued by a shariah scholar on matters of Islamic law and practice. However, the proposed Mufti (Federal Territories) Bill 2024 seeks to turn fatwas into enforceable laws, which poses a significant threat to the integrity of the Federal Constitution.

The Proposed Law

The proposed law would appoint a mufti by the Yang di-Pertuan Agong on the advice of the minister in charge of Islamic affairs. The mufti would lead a fatwa committee in discussions about Islamic law and would be empowered to issue fatwas at the direction of the king, on their own initiative, or at the request of any person. If the fatwa receives the king’s assent, it would be published in the Government Gazette, become binding on all Muslims in the Federal Territories, and must be recognized by all courts.

Constitutional Concerns

The proposal makes unacceptable inroads into the doctrine of constitutional supremacy, which is the foundation of our nation. Our constitution grants the three traditional pillars of government – the executive, legislature, and judiciary – a license to administer the country. However, the proposed law seeks to give the appointee legislative powers that allow them to enact fatwas as law, bypassing the legislative process which is vested solely in the Parliament.

Checks and Balances

By requiring the courts to recognize the fatwa, the proposed law also removes the check and balance against oppressive laws built into the constitution. In any court case, there is no assurance that a trial judge would see the case in the same manner as the evidence and law are presented to him. On top of that, there may also be differing opinions among appellate judges. How, then, can fatwas be any different?

A Historical Perspective

The concept of fatwa is not new. In India during the 17th century, the Mughal emperor Aurangzeb commissioned the compilation of fatwas about the Islamic faith, which became known as the Fatwa Alamgiri. However, its influence diminished as the British common law became the dominant law. Curiously, Malaysia appears intent on moving in the reverse direction.

?Implications for Non-Muslims

The law will undoubtedly impact non-Muslims, as it is difficult to separation between Muslims and non-Muslims in the issues being addressed. Therefore, it is imperative that the government recognizes the potential impact on non-Muslims and allows them to debate the proposed law transparently in Parliament and state legislatures.

Conclusion

The proposed Mufti (Federal Territories) Bill 2024 is a grave concern for the future of our country. It poses a threat to the doctrine of constitutional supremacy, the separation of powers, and the rule of law. I urge the Madani government to study the objections of both Muslims and non-Muslims, consult with relevant institutions, and to respect the concerns of the public. The ultimate responsibility falls on all Malaysians to ensure that the government recognizes the importance of the Federal Constitution and the rule of law.

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Frequently Asked Questions

* What is a fatwa?
A fatwa is a non-binding opinion issued by a shariah scholar on matters of Islamic law and practice.
* What is the proposed Mufti (Federal Territories) Bill 2024?
The proposed law seeks to turn fatwas into enforceable laws, giving the appointee legislative powers that allow them to enact fatwas as law, bypassing the legislative process.
* What is the concern with the proposed law?
The proposal makes unacceptable inroads into the doctrine of constitutional supremacy, separates the power of legislation, and removes the check and balance against oppressive laws.
* How will the proposed law impact non-Muslims?
The law will undoubtedly impact non-Muslims, as it is difficult to separation between Muslims and non-Muslims in the issues being addressed. Therefore, it is imperative that the government recognizes the potential impact on non-Muslims and allows them to debate the proposed law transparently in Parliament and state legislatures.