The Mufti (Federal Territories) Bill 2024: A Threat to Muslims’ Rights

Unconstitutional and Unlawful

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.

Eroding the Position of the King

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.

Unprecedented Powers for the Mufti

The bill provides for the mufti to issue binding fatwas, which will 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, giving the federal government wide power and authority over every aspect of the religious practices of Muslims in this country.

The Mechanism of Control

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.

Risks to Muslim Rights

This has far-reaching consequences for the country. The bill will lead to the unfettered increase of the types or categories of offences enforceable against Muslims. 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.

A Clear and Present Danger

The bill poses a clear and present danger to the right of Muslims in Malaysia to practice their religion and carry on their daily lives without interference from the government or unelected religious officials.

Constitutional Breach

The bill is a breach of Article 8 of the Federal Constitution for any appointment from a federal body to be reserved for a person of a particular religion. It is also a threat to the basic structure of our constitution and thus unconstitutional.

Conclusion

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, I urge MPs to reject the bill overwhelmingly.

FAQs

* What are the concerns about the Mufti (Federal Territories) Bill 2024?
The bill has serious implications and consequences for Muslims in Malaysia, as it:
+ Erodes the position of the king as the head of Islam in Malaysia
+ Provides the mufti with unprecedented powers to issue binding fatwas
+ Interferes in the daily life of Muslims and their right to practice their religion
+ Breaches Article 8 of the Federal Constitution by reserving a federal appointment for a person of a particular religion

What are the potential consequences of the bill?
The bill may lead to the unfettered increase of the types or categories of offenses enforceable against Muslims, potentially limiting their freedom of religion and way of life.

Who is the author of this article?
Latheefa Koya is a lawyer and activist and a co-founder of Lawyers for Liberty.

What are the views expressed in this article?
The views expressed are those of the writer and do not necessarily reflect those of FMT.