Mufti Bill heads for second, third readings: What’s at stake for Malaysia?

SHAH ALAM - The Mufti (Federal Territories) Bill 2024 is moving forward in Parliament, sparking debate about its potential impact on the country’s religious and political landscape.

While it has the backing of Prime Minister Datuk Seri Anwar Ibrahim, concerns were growing about how it might alter the role of muftis and its implications for both Muslims and non-Muslims in Malaysia.

The bill proposes to grant muftis, who were Islamic scholars responsible for religious rulings (fatwas), the power to issue legally binding decisions without the need for parliamentary approval.

These fatwas would follow the Shafie school of Sunni Islam, the predominant interpretation in Malaysia.

Some critics worried that this move could restrict religious freedoms for those who follow other interpretations of Islam or different sects.

What does the Mufti Bill propose?

The core of the Mufti Bill was to give muftis the authority to issue binding religious rulings without oversight from Parliament.

Currently, muftis offer guidance on Islamic matters, but their fatwas were generally non-binding unless endorsed by state or federal legislation.

This new bill would elevate fatwas issued by muftis under the Shafie school to a legally binding status, with no further input from lawmakers.

Anwar's coalition, which has a strong majority in Parliament, was expected to pass the Bill into law.

Minister in the Prime Minister's Department (Religious Affairs) Datuk Dr Mohd Na'im Mokhtar confirmed that the Bill, introduced in July, has Cabinet approval and will be debated in the next parliamentary session.

Reactions to the Bill

The Bill has sparked various reactions in the country. A group of non-governmental organisations (NGOs) from Sabah and Sarawak strongly opposed the proposed Mufti Bill.

In a statement, they said the Bill would effectively sideline the constitutional monarchy, the Madani government and the secular parliamentary democracy that Malaysia was built upon. "Such a change would transform Malaysia into an Islamic state overnight," they said.

Meanwhile, lawyer Latheefa Koya warned about the risks of the Bill, claiming that it posed "a clear and present danger" to the religious freedoms of Muslims in Malaysia.

She claimed that it will give power to the government through the mufti to control or police every aspect of the life of Muslims in the country.

"No government should have such powers over its people in a democracy, purportedly under the guise of religion," she said was reported as saying.

Impact on non-Muslims and the wider community

The NGO coalition was not alone in expressing concerns. Secular groups in Borneo, where non-Muslims make up a larger proportion of the population, have also raised concerns about the broader societal impacts.

They argued that the Bill could erode the separation of state and religion and that non-Muslims might eventually be subject to Islamic decrees.

Diverging views within the Muslim community

While the Bill has the support of many within the government, it has also faced criticism from some Muslim leaders, including Pas president Tan Sri Abdul Hadi Awang.

He argued that limiting Malaysia to just one Islamic school of thought contradicted Islam's broader, inclusive spirit.

Hadi was also reported as saying that he was of the view that no scholar allowed their mazhab to be declared as the state religion and that Islam was the state religion.

Sunni Islam, the dominant branch of Islam, comprised four major schools of thought: Maliki, Hanafi, Shafie and Hanbali.

The Shafie school, which originated from the teachings of ninth-century scholar Imam Al-Shafie, was the most widely practised in Malaysia and other regions like Indonesia, Yemen and parts of Africa.

However, critics felt that restricting the country to one interpretation of Islam could create division among Muslims who followed other schools of thought.

What is next?

With the bill set to be debated in Parliament, all eyes are on the discussions and potential amendments.

Malaysia’s government has reassured the public that the Bill was designed to strengthen Islamic governance, but opposition from various groups suggested that its broader implications will continue to be debated.

Yesterday, Na'im in a statement said claims that the Mufti Bill was drafted hastily and influenced by certain parties were untrue.

He said the drafting of the Mufti Bill was an initiative by the government to dignify and empower the Mufti institution in the Federal Territories.

"With this empowerment, the management of fatwas and the development of Islamic law can be administered in an orderly, transparent and credible manner, with the aim of improving the effectiveness of Islamic governance in Malaysia," he said.

He added that the Bill has undergone a detailed and lengthy drafting process to ensure that a comprehensive and well-ordered Bill is prepared, in line with the Federal Constitution and applicable laws.

The drafting committee comprised representatives from the Federal Territories Mufti Office, Malaysian Islamic Development Department, the Attorney General's Chambers, the Malaysian Syariah Judiciary Department, the Federal Territories Syariah Court, the Federal Territories Islamic Religious Council and the Selangor Mufti Department.