New bill introduced into parliament will give powers to the Federal Territories mufti equal to the parliament
A bill, which will radically change the nature of governance in Malaysia is now going through the parliament. The Mufti (Federal Territories) Bill 2024 will give the federal territories mufti powers that can’t be challenged by the parliament, where the mufti himself, will have legal immunity. The bill also selectively defines Islam as Ahl Sunnah Wah Jamaah, Mazhab Syafie that is aligned with the al-Asyarah and al-Maturidiyah schools of thought. This ignores the diversity of the many schools of Islam long existing in Malaysia.
The bill was introduced by the minister in the prime minister’s department Mohd Na’im Mokhtar (religious affairs), which presumably had cabinet approval. In addition, the Conference of Rulers name has been used to promote the bill, even with the Raja of Perlis Tuanku Syed Sirajuddin Putra Jamalullail expressing concerns over the narrow interpretation of Islam.
Although the bill is limited to the federal territories (Putra Jaya, Wilayah Kuala Lumpur, and Labuan), any forthcoming law may act as a precedent for other states in the peninsula to follow.
A number of NGOs, including the Sisters in Islam Aliran, and a number of groups in Sabah and Sarawak, together with public figures, including former law minister Zaid Ibrahim and lawyer/activist Siti Kassim have opposed the bill. Members of prime minister Anwar Ibrahim’s own government, namely those in the DAP, and his own party PKR have remained completely silent over the issue.
In fact, the PKR MP for Bangi Syahredzan Johan defended the bill, saying any fatwas in the Federal Territories would not be enforceable in the states.
A contentious bill
The Mufti bill will create a second source of laws in the Federal Territories, unintended by the Malaysian Constitution. Fatwas that will become law, will not be vetted by elected representatives and will not have to be gazetted to be legally binding. This dilutes the exclusivity of the parliament to be the supreme law maker in the Federal Territories. The new law would convert fatwas into law, which are considered in Islamic jurisprudence as an advisory.
Muslims who follow the Shi’ia, Maliki, Hanbali and Hamidi Mazhabs, or follow the teachings of Salafi/Wahabism, could potentially be persecuted under the law. Those who practice the very liberal Nusantara Islam will also have many of their practices banned, and be considered deviant as well.
The Perlis Mufti Dr Mohd Asri Zainul Abidin (known as Dr Maza) contests the bill upon the basis that it restricts freedom of religion and thought, as the Perlis Constitution specifies Al-Sunnah Waljamaah (follower of the Quran and Sunnah), and thus the centre of Salafi/Wahabism in Malaysia. Should the Mufti bill become law, it will allow the authorities to purge the civil service, education institutions, and the military of Salafi sympathisers.
The Mufti bill conflicts with Constitutional guarantees of religious freedom. Thus, it is constitutionally very questionable. Article 3 of the Constitution states that “Islam is the religion of the Federation”. The Constitution doesn’t mention any specific kind of Islam. Section 2(1) of the Administration of Islamic Law (Federal Territories) Act 1993 (Act 505) acknowledges a wide range of Mazhab. The Mufti bill restricts this and puts a restrictive interpretation upon the constitution.
Clause 2 of the Mufti Bill provides that any fatwa issued will be binding upon any Muslim in the Federal Territories. This will affect every aspect of every Muslim’s personal, economic, and political lives. This will allow the criminalising of traditional Malay customs and pastimes, and prevent Malays attending non-Muslim ceremonies and festivals. The bill will also allow a full scale was against LGBTQ groups in Malaysia.
However, this conflicts with Section 34(3) of the Administration of Islamic Law (Federal Territories) Act 1993 (Act 505), where there is an exemption for matters of personal opinion, which most fatwas are.
Clause 4(1) of the Mufti Bill makes the mufti the chief authority on issues of Islamic law in the Federal Territories. This, in effect puts the mufti above the Yang Di-Pertuan Agong (YDPA), or king, who is designated the head of Islam in in Articles 3(5) and 34(1) of the constitution. In addition, Clause 8(6) of the Mufti Bill allows the Federal territories mufti to initiate the issuing of any fatwas without any direction of the YDPA.
The prime minister Anwar Ibrahim so far has been silent on the Mufti bill, which will change the nature of the constitutional division of powers in government today. An unelected, appointed person will have more power than the YDPA and parliament to make any laws without scrutiny and accountability to the people.
Effectively, Malaysia becomes an Islamic theocracy. The YDPA will nominally remain as the head of Islam, but matters of theology and Islamic jurisprudence will be taken away.
The bill is a continuation of Anwar Ibrahim’s work of Islamizing the Malaysian bureaucracy back in the 1980s, when he was deputy prime minister. However, this time Anwar has abandoned his commitment to the Amman Message 2005, which recognized all global Islamic sects, with the mission of building an inclusive Ummah across all sectarian groups.
Some see the bill as a continued fight among the Malay Clerics
The bill can be seen as a direct attack on the Salafi factions within the government. An organization referred to as the Alumni, whose membership is Salafi leaning has infiltrated most of government and education bureaucracy. The bill, should it become law will allow the purging of the Alumni from the bureaucracy, and prevent Salafi leaning Muslims entering the bureaucracy in the future. The new Mufti law will become a powerful weapon for the government to use against those who oppose it in the civil service and society.
Potential political consequences
The bill could promote further sectarian tensions in Malaysia, which have been subdued and behind the scenes until today. This is primarily a fight between those aligned to the Muslim Brotherhood, and the Salafi/Wahabi movement in Malaysia.
However, the bill will have serious political implications upon current politics in Malaysia.
There is no doubt the bill is eroding the trust of DAP Leaders in the government they are part of. The DAP has been pushed aside in its views inside government and this may seriously lead to a fall of support from non-Malays. Disenchanted supporters of the DAP, with few choices available will just not turn out to vote in future elections. The DAP stands to lose in reputation. Many traditional supporters of Pakatan Harapan (PH) are now starting to see little difference between PH and Perikatan Nasional (PN).
The bill is building a theological bridge between the Anwarists and PAS, while at the same time alienating the DAP. This could, at some time in the future lead to a seismic shift in government.
Political circles in Sabah and Sarawak are looking at the bill with concern. This will lead to further pushes by the Borneo states for more autonomy. Sarawak is already going far along this path. However, the bill will disturb many in Kota Kinabalu, who may plan to follow the initiatives Sarawak has already taken.
There is a great possibility that this law may spread to other states in the Peninsula, where their own bills are passed giving their respective state mufti similar powers. Whilst the bill may be seen as unconstitutional, the is doubt that any party would go ahead and challenge the Mufti Bill in court, should it become law.
This brings Malaysia close to being an Islamic theocracy.