Malaysia Bill to grant mufti lawmaking powers stokes concern

KUALA LUMPUR - A Bill that grants the federal territories' (FT) mufti the power to enshrine religious edicts into law has raised concerns among Malaysia's Muslims, who fear it will infringe on their freedom of choice.

- Azril Annuar

The Mufti (Federal Territories) Bill is intended to formalise the position of the mufti, or Islamic jurist, of the FT, which covers the capital Kuala Lumpur, Putrajaya and Labuan.

The new law will prescribe the mufti's qualifications, duties and scope of authority.

It represents a substantial overhaul of the existing legal framework governing Islamic jurisprudence in the FT, said human rights lawyer Siti Kasim.

In Malaysia, Islamic jurisprudence falls under each of its 13 states' purview, but in the FT, it falls under the federal government.

Article 10 of the Bill allows the mufti to propose a fatwa, or religious ruling, to the King and have it gazetted into law without parliamentary debate. Under Article 11 of the Bill, the fatwa will then become legally binding on all Muslims who are in the FT. Non-Muslims are not affected.

Human rights activists and prominent Muslims, along with several non-Muslim groups, are alarmed by elements of the Bill, which was introduced in Parliament on July 2 by Religious Affairs Minister Mohd Na'im Mokhtar.

“While this Bill is confined to the federal territories, similar laws are bound to be adopted throughout the states. It will give power to the government, through the mufti, to control or police every aspect of the life of Muslims in this country,” rights lawyer Latheefa Koya wrote on X on Oct 10.

“For example, what Muslims wear, where they eat, who they associate with or how they interact with fellow Malaysians may all be subject to such fatwas, which will be enforceable,” she added.

Legal experts such as former law minister Zaid Ibrahim and Ms Siti argued that the articles infringe upon the rights of Muslims in the FT and are undemocratic, since muftis are not lawmakers.