Mufti Bill will give religious authorities unchecked power - SIS

 

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Passing the Mufti (Federal Territories) Bill 2024 will give religious authorities unbridled power as they will be immune to legal action, said Sisters In Islam (SIS).

In a statement, the women’s rights group said this would cause religious authorities to be shielded from accountability.

“Without oversight and recourse for appeals or legal challenges, the unchecked powers of institutions or figures directly undermine the rule of law and justice.

“Additionally, the bill seeks to entrench religious control over both the public and private lives of Malaysian Muslims, further complicating the relationship between personal religious freedom and state-sanctioned restrictions,” said SIS.

The Dewan Rakyat reconvenes next Monday (Oct 14) for its third session this year to deliberate and pass laws such as this.

Last month, Minister in the Prime Minister’s Department (Religious Affairs) Mohd Na’im Mokhtar (above) said the government would proceed with the bill’s second and third readings on Oct 16 or 17.

In July, Raja of Perlis Tuanku Syed Sirajuddin Putra Jamalullail reportedly expressed concern over the bill’s “narrow definition” and said he objected to the Conference of Rulers’ name being used to endorse it.

Raja of Perlis Tuanku Syed Sirajuddin Putra Jamalullail

Binding fatwas

Meanwhile, Bangi MP Syahredzan Johan said recently that the bill would not result in binding fatwas nationwide as issuing a fatwa involves the Fatwa Committee and the Yang di-Pertuan Agong.

“Issuing a fatwa under the bill is also not just based on whims and fancies of the mufti… Malay rulers have and will continue to have the final say on matters of Islam,” he said.

However, SIS said the bill blurs the lines between gazetted and ungazetted fatwa as Section 11 makes all such rulings legally binding.

This will apply to all Muslims in the federal territories, not just Muslims residing there, it noted.

The group added that the bill does not clarify if Muslims are allowed to depart from fatwa due to personal observance, belief, or opinion.

“Thus, does a fatwa constitute law?

“If so, why is an unelected body or individual being granted the power beyond the democratic remits to create binding laws that affect the personal and religious lives of millions of Muslims in the Federal Territories?” it said.

Oppression of minorities

SIS also demanded clarification on Section 30(1), which would allow mufti to impose fees for services.

Additionally, Section 32 provides mufti with protection against suits and legal proceedings.

“At a time of high public distrust against institutions or causes related to Islam and vulnerable persons/communities where monies are concerned, it is untenable for individual religious figures to be given carte blanche, especially with a legislative mandate, to make decisions that affect the lives of millions of Muslims in the federal territories,” it said.

Besides that, the group said passing the bill could lead to the oppression of minority Muslims and non-Muslims through the creation of legal frameworks that discriminate against certain religious practices or beliefs.

“If this bill is allowed to pass, Malaysia’s standing in the global community could be compromised, with international organisations and human rights bodies taking note of the sharp decline in religious freedom and the rise of authoritarianism in religious governance.

“The bill sends a clear message that Malaysia is moving away from its commitment to human rights and constitutional protections,” it added. - Mkini