Minister brave to move for FT mufti bill to be passed by Parliament

 

From Hafiz Hassan

I refer to Latheefa Koya’s criticism of the Mufti (Federal Territories) Bill 2024.

Latheefa’s first criticism of the bill concerns clause 4(1), which, according to the lawyer, activist and co-founder of Lawyers for Liberty, makes the mufti the chief authority on matters of Islamic law in the federal territories, subordinate to the king.

She asserts that this derogates the king’s position as the head of Islam in Malaysia, as provided for in Articles 3(5) and 34(1) of the Federal Constitution.

There cannot be two chief authorities on Islamic matters in the federal territories, she adds.

Clause 4 is on the functions of mufti and deputy mufti. Clause 4(1) reads as follows:

The mufti shall aid and advise the Yang di-Pertuan Agong in respect of all matters of Islamic law, and in all such matters shall be the chief authority in the federal territories after the Yang di-Pertuan Agong, except where otherwise provided in this Act.

I read the above to mean the mufti is the chief authority to aid and advise the king on all matters of Islamic law. The term 

Islamic law

 is defined in Section 2(1) of the Administration of Islamic Law (Federal Territories) Act 1993 (Act 505) as Islamic law according to any recognised mazhab.

Article 3(5) of the Federal Constitution states that the king is the head of the religion of Islam in the federal territories of Kuala Lumpur, Labuan and Putrajaya. The religion of Islam encompasses more than just Islamic law.

So, I beg to differ with Latheefa that clause 4(1) 

derogates from the position of the king as the head of Islam in Malaysia as provided for in Articles 3(5) and 34(1) of the Federal Constitution

.

In any case, the mufti is the chief authority on Islamic law after the king.

Rather than being criticised, clause 4(1) should be lauded, as it removes the religious affairs minister’s authority to advise the king on all matters of Islamic law – the king being a constitutional monarch who acts on advice.

That’s brave of the minister to move for the bill to be passed to provide for matters relating to the mufti, and the determination of matters of Islamic law and doctrine and related matters. - FMT

Hafiz Hasan is an FMT reader.

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