KUALA LUMPUR – Minister in the Prime Minister’s Department (Religious Affairs), Datuk Dr Mohd Na’im Mokhtar, has clarified that the fatwas (edicts) enacted under Mufti Bill (Federal Territories) 2024 are binding only on Muslims and limited to the jurisdiction of the states.
He said this to clarify the confusion and misunderstandings stemming from allegations that the bill would threaten people’s freedom.
“It should be understood that any fatwa under the Mufti Bill is only binding on Muslims and limited to the jurisdiction of the states in accordance with item 1 of the Second List – State List in the Ninth Schedule of the Federal Constitution.
“Before a fatwa can be binding, the Yang di-Pertuan Agong has to grant consent to it with the advice of the Islamic Religious Council. Additionally, the fatwa cannot conflict with any written laws,” he said in a statement posted on his Facebook page today.
He said the Mufti Bill is to make provisions in matters related to the Mufti, rulings, and doctrines according to Islamic laws and related matters in the Federal Territories only.
“The Bill comprises nine sections including the introductory section, Mufti and Deputy Mufti, Fatwa Committee, the issuance of fatwas, determination of the qibla, Falak Syarie (Syariah Astronomy) committee, Rukyah Hilal (sighting of the new moon) Committee, Islamic Teachings Oversight Committee, aqidah (faith) discussions and various other matters,” he said.
He said the Mufti Bill was part of the government’s efforts to elevate the legal and judicial system for Muslims in Malaysia and ensure their rights to justice.
“The separation of powers between the Islamic Religious Department, the Mufti, and Syariah Courts will be more clearly defined under the Mufti Bill. The administration of justice under Syariah Courts and the Islamic laws under the jurisdiction of the Mufti will be under separate acts,” he added.
Mohd Na’im stressed that individual rights to freedom are guaranteed under the Federal Constitution, although not absolute, as it is limited by specific provisions such as Articles 8(5)(a), 10, and 11(5).
“For example, the right to freedom of religion under Article 11 of the Constitution is about living with faith, not living without it. The right to freedom of religion for Muslims means the freedom to practice the true teachings of their faith as determined by the ulil amri, or religious leaders.”
“The determination of the true teachings of Islam must be based on Syariah law. The Mufti of the Federal Territories is solely responsible for addressing questions of Syariah law governing Muslims in Kuala Lumpur, Labuan, and Putrajaya,” he said.
Mohd Na’im said that the drafting of regulatory laws is a characteristic of a sovereign nation where no individual is free to violate constitutional principles.
He said that restrictions on a person’s freedom do not mean that human rights are violated, as the legitimacy of human rights is determined by the Federal Constitution, such as the fatwas on the practice of Islamic teachings that are suitable for local conditions, as well as prohibitions against following doctrines, beliefs, and understandings that are deviant and stray from the actual teachings of Islam.
Therefore, he urged all parties not to create doubts among the Muslim and non-Muslim communities that could lead to misinterpretations of the Mufti Bill, as this would hinder the government’s efforts to strengthen the administration of Islam in the country.
“We should respect the fatwas issued by the Mufti, as the Mufti is the authoritative body responsible for providing advice on Syariah law, as stipulated under Section 33 of the Administration of Islamic Law (Federal Territories) Act 1993 (Act 505) (Clause 4 of the Mufti Bill).”
Yesterday, Mohd Na’im confirmed that the Mufti Bill will be tabled for a second and third reading in the Parliament session, which begins on Oct 14. – October 12, 2024