Alarming possibility of Malaysia as an authoritarian Sunni state

 

From Dr Ahmad Farouk Musa

The debate on the Mufti (Federal Territories) Bill 2024 continues unabated, raging like wildfire. Surprisingly, the strongest voices against this bill were from the so-called liberal factions, much to the chagrin of some people, especially the conservatives.

The liberals stand for fundamental liberties; they see this bill as trampling on basic rights.

It is no secret that this bill will be passed, given the majority of parliamentarians are from the government alliance.

Consequently, the show of resistance against this bill is part of civil society’s struggle to ensure a more inclusive and democratic nation. We believe that apart from being an election gimmick, inclusivity should be reflected in the laws that we promulgate.

There was an unfounded assertion that this bill will turn Malaysia into an Islamic state overnight. The fear of Malaysia becoming a theocracy is groundless. There is no way this country can become an autocratic country even if parliamentarians voted in favour of this bill.

But what about Malaysia turning into an authoritarian state?

Certainly, there is a possibility that this country may turn into an authoritarian Sunni state – one that recognizes only Ash’ari and Maturidi theology and the Syafii mazhab (perhaps including the three other Sunni mazāhib), besides, strangely enough, the Sufism of al-Ghazali and al-Junaidi.

This is a very alarming issue and it should not be taken lightly.

Universal Declaration of Human Rights

The Universal Declaration of Human Rights was drafted by representatives with different legal and cultural backgrounds. It was meant to be a milestone document in the history of human rights.

The preamble to the UDHR was so beautifully crafted that we should all be made aware of it.

Of the 30 articles in the UDHR, the most relevant to our case is the first, which states:

“All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.”

The mufti bill, whether we like it or not, disregards the very essence of human rights: the freedom of conscience. It tramples contemptuously on the freedom of conscience of being a Muslim when it specifies that being a Sunni Muslim means prescribing exclusively to the theology of Ash’ari and Maturidi.

Islam is a religion that celebrates diversity. Historically, Islam flourished due to its ability to accommodate different ideas and thoughts that do not contradict its basic tenets.

Reducing this universal religion to only two state-approved strands (Ash’ari and Maturidi) is equivalent to restricting the freedom of conscience and thought in Islam, thereby restraining its intellectual growth.

This also goes against the Madani government’s concept of inclusivity, purportedly one of the core principles of the current government.

Strangely, Malaysia sits on the United Nations Human Rights Council for the 2022-2024 term. The question that calls for an answer is: ‘How can a country sit on the UN Human Rights Council, but at the same time, not understand the language of human rights?’

On another note, some advocates of the mufti bill have convincingly argued that it bears a striking resemblance to a law passed by the Sabah state assembly. Indeed, most of us are not aware of the severity of the Sabah enactment.

Through its fatwa council, the Sabah state government has gazetted that a Muslim person who does not adhere to the fatwa that they should only believe in the theology of Ash’ari and Maturidi and follow the jurisprudence of Syafii (and other established mazãhib) and the sufism of al-Ghazali and al-Junaidi — similar to the one phrased in the FT Mufti bills — has committed a shariah crime and is liable to be prosecuted under the shariah laws of the state of Sabah or any other relevant state law.

This is indeed very scary. Although we did not see any of these provisions in the mufti bill, the insinuation that it follows that of Sabah should have sent shivers down our spine since it denigrates the basic foundation of human rights: the freedom of conscience.

The Amman Message

Admittedly, some die-hards were trying to push for this agenda in response to the perceived threat of the Salafis. By turning Islam into an exclusive club, they hoped to thwart the rapid advances made by the Salafis and stymie any threat from them.

Nonetheless, this bill is not only authoritarian but also very sectarian in nature. Isn’t Islam supposed to stand against sectarianism? Almost 20 years ago on 9 Nov 2004, Muslim leaders, including Anwar Ibrahim himself, were signatories of the Amman Message declaration that called for tolerance and unity in the Muslim world.

Has the prime minister forgotten about the Amman Message that he himself endorsed so passionately?

The Amman Message reverberates with the magnanimity of Islam, which stresses the brotherhood of mankind and honours every human being, regardless of colour, race or religion:

“Now indeed, we have conferred dignity on the children of Adam, and borne them over land and sea, and provided for them sustenance out of the good things of life, and favoured them far above most of Our creation.” (Sura al-Isra’; 17:70)

The mufti bill clearly goes head-to-head against the Amman Message, whose core agenda is to clarify to the modern world the true nature of Islam and the nature of true Islam. Sadly, what we have gained 20 years ago will somewhat be erased by this sectarian bill overnight. - FMT

Dr Ahmad Farouk Musa holds a PhD in Surgery from Monash University Australia and is a doctoral candidate in Islamic Studies at Universiti Muhammadiyah Malaysia.

The views expressed are those of the writer and do not necessarily reflect those of MMKtT.