ISLAM Activists and NGOs against Mufti’s bill: violates the rights of Malaysians, Muslims and non-Muslims

The controversial norm submitted to second and third reading in the current parliamentary session. Opponents reject without appeal the text, which would grant broad powers to an unelected official but appointed by ministers and turn a fatwa into law (also for non-Muslims). For its promoters, it aims to define the role and responsibilities of the mufti in the federal territories.

Kuala Lumpur () – The controversial bill called Mufti Bill, presented for second and third reading in the parliamentary session that began on October 14, undermines the authority and power of the ruler of Malaysia (Agong) and harms citizens by subjecting them to government control. This has been denounced by the lawyer and human rights activist Latheefa Koya, who has called on all members of the Assembly to reject by a large majority the proposed legislation on the mufti (and the federal territories). The legislator rejects without appeal the law that seeks to regulate the position of mufti of the federal territories because, according to her, it would end up “granting broad powers to an official not elected, but appointed by a minister, dictating the lives of Muslims and the way in which that they must practice the Islamic faith.

In his appeal, Latheefa also blamed parliamentarians for having remained silent on the issue for months, since the bill promoted by Religious Affairs Minister Mohd Na’im Mokhtar was first introduced in July. According to the lawmaker and activist, the bill “will in fact create “two main authorities” for Islamic affairs in the federal territories, a mufti in addition to the Yang di-Pertuan Agong (the sultan), who is the head according to the Constitution of the Islam in the federal territories and establishes that a sultan does not rule” in this matter. In this way, the mufti becomes “the highest authority “along with the Agong” and ends up repealing the position of the Agong itself as the head of Islam in Malaysia”, as stipulated in articles 3(5) and 34(1) of the Federal Charter.

The Mufti Bill 2024, as it is known, seeks to define the role and responsibilities of the mufti in the federal territories of Kuala Lumpur, Labuan and Putrajaya. Its functions include advising the king on sharia regulations (Article 4), issuing fatwas (Article 10), fatwa monitoring committees (Article 7), moon sightings (Article 22) and related matters. with Islamic religious education (article 26). The bill fuels controversy over adherence to the Sunni confession and the al-Asyairah and al-Maturidiyah theological schools, it is considered unconstitutional and a threat to individual freedoms and human rights.

Lawyer and activist Siti Kasim has also expressed harsh criticism, according to which the law will not only “strip Muslims of their constitutional rights, but also non-Muslims”, by unduly strengthening Islamic courts (sharia courts). Hence the call to review the text, to avoid a drift that ends up sinking the country. In this regard, the expert gives the example of Lebanon, “which in the past boasted of having a population made up of 80% Christians, and yet they allowed Muslims to gain a foothold in the country and Islamization to flourish unchecked.” ». “Be that as it may, this demonstrates,” he concludes, “how political Islam is capable of conquering a non-Muslim state even in the contemporary era.”

In a joint note, a coalition of 14 NGOs from the Bornean states of Sabah and Sarawak say that, if passed, the bill would “effectively sideline constitutional monarchy, secular government and secular parliamentary democracy” in the heart of the country. Activist Peter John Jaban, founder of Saya Anak Sarawak (Sas), said the mufti bill is also “opposed” by Muslims, who fear “a more explicit sectarian turn” that favors a community in particular. Jaabn also warned that the politicization of ideologies “will foster intolerance and radicalism by promoting dehumanizing values ​​and undermining democracy.”

The Minister of Religious Affairs has a different opinion, according to which the law includes provisions on the role of muftis, on Islamic rules and doctrines and on issues related to federal territories, but does not affect the freedoms and rights of Muslims and non-muslims. Words that do not convince experts and former senior government officials, such as former Minister of Justice Zaid Ibrahim, who peremptorily emphasizes: «What is wrong with the proposed law on the mufti? It transforms or converts into law a fatwa, traditionally considered in Islamic jurisprudence only as an advisory opinion.