MCCBCHST - Proposed Mufti Bill

Date: 15 November 2024

MEDIA STATEMENT

MCCBCHST CALLS UPON MEMBERS OF PARLIAMENT TO TAKE A STAND ON THE CONSTITUTIONALITY OF THE MUFTI BILL AND THE FACT THAT IT WOULD LIKELY AFFECT NON-MUSLIM RIGHTS

1. MCCBCHST Calls upon the Members of Parliament to take a stand on the Constitutionality of the MUFTI BILL and fact it would likely affect Non-Muslims Rights The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) wishes to thank the Institute Kefahaman Islam Malaysia (IKIM) for arranging a special briefing for various Non-Muslim religious bodies on 6 th November, 2024. All present had listened attentively to the briefing and at the end had expressed various concerns and the IKIM authorities had promised to look into them.
    
2. The MCCBCHST and the other Bodies present had expressed concern that the MUFTI [FEDERAL TERRITORIES] Bill 2024 (Mufti Bill) will contravene the Federal Constitution if passed and is likely to affect non-Muslim rights. There have been in the past many voices raised against the unconstitutionality of the proposed Mufti Bill including by G25, Latheefa Koya (Former MACC Chief Commissioner), Sisters In Islam, Dr. Ahmad Farok Musa, Hamid Sultan Abu Becker (retired Court of Appeal Judge), Datuk Teng Chang Khim (Former Selangor State Executive Councillor), etc. Hamid Sultan Abu Bakar…”in my view, the proposal to turn fatwas into enforceable laws is a direct attack on the spine of the Federal Constitution itself…… The Mufti and his fatwa committee however, do not exist in the framework of Government envisaged by the constitution. Despite this, the Mufti Bill seeks to give the appointee legislative powers that allow him to enact fatwas as law, by passing altogether the legislative process which is vested solely in Parliament.”
    
3. The MCCBCHST and the other Bodies present had expressed further Concerns that the proposed Mufti Bill is unconstitutional and was likely to affect non-Muslim rights, as stated below:

   1. The Mufti Bill is enacted under Article 74(1) of the Federal Constitution which provides for power for Parliament to legislate law “… with respect to any matter enumerated in the Federal List” It is clear from Federal List that the Mufti and the Mufti committee do not exist in the list.

      Further, the Mufti Bill in its ‘intituled’ provides for Islamic Law “…as provided in the Federal List under item 6(e) of List of the Ninth Schedule of the Federal Constitution” and item 1 of the State List. A check with Schedule 9 of State List shows that the Islamic Law under it has very limited application and does not provide for issuance of Fatwas by Mufti.

      In the Federal Court case of Nik Elin Zurina Binti Nik Abdul Rashid & Anor v. Kerajaan Negeri Kelantan (2024), the following Islamic law was recognised:

      • Article 3(1) Islamic religion meant “such acts as related to ritual and ceremonies
         
      • List II of State List, Schedule 9, item 1
         
      • Purely religious offences, that is:
        1. offences relating to Aqidah (for e.g. wrongful worship, deviating from Islamic belief, teaching false doctrines);
        2. offences relating to sanctity of religion and its institution; and
        3. offences against morality”.
      • Ta’zir offences in accordance with Syariah Courts (Criminal Jurisdiction Act) 1965
   2. Under Article 3(5) of the Federal Constitution it provides for Tuanku Yang Di-Pertuan Agong to be Head of Religion in the Federal territories and further allows for constituting council to advise the Tuanku Yang Di-Pertuan Agong and under it a Muzakarah Committee was established by the Malaysian National Council of Islamic Religious Affairs (MKI). By Section 7(1) of the Mufti Bill a “Fatwa committee is established under chairmanship of the Mufti” but there is no provision in Article 3(5) or in any other part of the constitution for such Fatwa committee.
       
   3. Section 13(1) of the Mufti Bill provides that a Fatwa committee could issue Fatwa on question of Islamic Law for issuance of Fatwa affecting the National Interest. “National Interest” has not been defined and thus it is left to the Mufti committee to decide. By Article 39 of the Federal Constitution the Executive Authority ofthe Federation is vested in the Tuanku Yang Di-Pertuan Agong and exercisable by Tuanku or the Cabinet. Thus the “National Interest”, question must be deliberated and decided by the Cabinet. Delegating this Executive power to the Mufti committee affecting national interest would thus be unconstitutional.

4. Further, there is deep concern amongst our members that the Mufti Bill is worded in so very general terms that it can be abused and enormous power has been given to Mufti to issue Fatwas that are to “be Recognized by any Court in respect of all matters stated in the Fatwa”. By Section 13 the Fatwa committee if is agrees with the opinion issued by the Muzakarah committee relating to “National Interest” then the Fatwa committee may issue the said Fatwa. “National Interest” is not defined and it is associated with Executive authority vested in the Tuanku Yang Di-Pertuan Agong and the cabinet under Article 39 of the Federal Constitution. Even without this Fatwa Bill there have been cases and instances which affect non-Muslim rights such as:

   1. Terengganu Mufti saying that “Muslims are permitted to enter places of worship of other religions for the purpose of spreading Islam”;
   2. Firdaus Wong a preacher had said that teenagers should be welcomed to convert to Islam;
   3. Incident a few years ago of non-Muslims forced to eat in shower room during Ramadhan;
   4. A few years ago, Kedah State Government had ordered all local councils in the State to ban 4D gaming outlets and also ban on sales of liquor in sundry shops, retail and Chinese medicine shops
   5. The conversion cases of Indira Ghandhi and Loh Siew Hong’s children, etc.

    With Fatwas having force of law under the Mufti Bill, this is a source of concern for non-Muslims as vide Section 33 of the said Bill there may be no recourse for non-Muslims if aggrieved by the Fatwas as no suit could be brought against the Mufti and the Fatwa Committee “in respect of any act, neglect or default done or committed or any omission by it or him in good faith, in such capacity”.

    Therefore, the MCCBCHST appeals to the Government and the Members of Parliament to remain true to their Oath taken including promise to “preserve, protect and defend the constitution”. It has been pointed out above that the Mufti Bill will turn Fatwas into enforceable laws which is against the basic structure of the constitution as only Parliament has power to make laws. In fact, the Mufti and his Fatwa committee do not exist in the framework of the Government and to have a further rethink on the Mufti Bill due to the Constitutional points raised above which will affect fundamental rights of all Malaysian and the Fundamental basis of the constitution.

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