PETALING JAYA: The proposed Mufti Bill (Federal Territories) 2024 may going against the spirit of democracy as it would give religious heads, who are not elected officials legislative powers, says MCA.
In a statement on Wednesday (Oct 16), MCA said that this was among several key issues that contributed to the controversy surrounding the Bill.
Below is the full statement.
Mufti Bill raises several issues, government needs to carefully reconsider
MCA believes that the biggest controversy surrounding the Mufti (Federal Territories) Bill 2024 lies in the fact that Islamic rulings (fatwa) issued by each state’s mufti will be gazetted, giving them legal effect and enforceability upon Muslims. The key issues raised by this Bill include:
1. Power of Non-Elected Officials: The mufti, as non-elected officials, would have the power to enact legally binding regulations on Muslims, which goes against the spirit of democracy. Granting such significant legislative power to religious officials who are not subject to the oversight of elected representatives is inconsistent with the principles of a representative democracy.
2. Applicability of Laws: In the Sulaiman Takrib vs State of Terengganu case, Federal Court Judge Abdul Hamid Mohamad ruled that violations of Islamic prohibitions cannot be considered criminal offences, as criminal offences must have general applicability. Should the Bill contain elements that affect non-Muslims, it would be constitutionally invalid.
3. Complexity of Cross-Border Issues: The Bill claims that the fatwas issued by muftis will apply to Muslims in the Federal Territories, but not be limited to local Muslim residents. For instance, if a Muslim from Singapore violates a fatwa while travelling in the Federal Territories, how should such cases be handled? This situation adds complexity to the implementation of the Bill.
4. Potential Undermining of the Position of the Head of State as the Head of Islam: According to notable lawyers including human rights lawyer Latheefa Koya, Section 4(1) of the Mufti Bill states that the muftis are the heads of Islamic authorities in the Federal Territories, which may undermine the position of the Head of State as the Islamic leader of Malaysia, as stipulated in the Federal Constitution.
MCA believes that the Mufti (Federal Territories) Bill 2024 indicates that the current government’s control over religious affairs is increasing beyond what was seen under the previous Barisan Nasional government. We are concerned that this may undermine the nation’s values of freedom, democracy, and fairness, leading to national regression.
In fact, this Bill has already caused unease among non-Muslims, and even some Malay Muslim lawyers and academics have expressed opposition, among them, Zaid Ibrahim, former Minister in the Prime Minister's Department for Legal Affairs and Judicial Reform. It is clear that the government needs to carefully reconsider this amendment.
MCA fully respects the status of Islam as the religion of the Federation and acknowledges the government’s authority to legislate and amend laws. However, given the issues raised by this amendment, we urge the government to ensure that any legal changes take into account Malaysia’s multicultural society, adhere to the spirit of constitutional democracy, and safeguard the values of diversity, moderation, and inclusivity from being eroded.
