MCCBCHST urges Parliament to review constitutionality of Mufti Bill

Dec 01, 2024

KUALA LUMPUR: The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism, and Taoism (MCCBCHST) has called on Members of Parliament to address the constitutional implications of the Federal Territories Mufti Bill 2024, which it claims could infringe on the rights of non-Muslims.

In a statement, November 15, the MCCBCHST expressed gratitude to the Institute Kefahaman Islam Malaysia (IKIM) for organising a special briefing for non- Muslim religious bodies on November 6. While the briefing was informative, participants raised significant concerns about the proposed bill. IKIM representatives assured that these concerns would be reviewed.

The Mufti Bill, if passed, would grant the Mufti and a designated Fatwa Committee legislative powers to issue fatwas with the force of law, bypassing the parliamentary process. Critics, including MCCBCHST, argue that this is a violation of the Federal Constitution, specifically regarding the separation of powers and the rights of non-Muslims.

Prominent voices such as G25, former MACC Chief Commissioner Latheefa Koya, Sisters in Islam, and retired Court of Appeal Judge Hamid Sultan Abu Bakar have previously raised alarms over the bill. Hamid Sultan described the proposal as “a direct attack on the spine of the Federal Constitution,” stating that the Mufti and the Fatwa Committee “do not exist within the framework of governance envisaged by the Constitution.”

The MCCBCHST highlighted several key constitutional concerns:

Legislative Overreach
The bill relies on Article 74(1) of the Federal Constitution, allowing Parliament to legislate on matters in the Federal List. However, the Mufti and Fatwa Committees are not explicitly mentioned in the list, raising questions about the bill’s legal foundation.

Fatwas, traditionally advisory, would gain the force of law, creating potential conflicts with parliamentary authority.

Encroachment on Executive Powers
Article 3(5) designates the Yang di-Pertuan Agong as the Head of Religion for the Federal Territories, with advisory support from the Muzakarah Committee under the Malaysian National Council of Islamic Religious Affairs (MKI). The Mufti Bill proposes a parallel Fatwa Committee, a structure not provided for in the Constitution.

National Interest Ambiguity
Section 13 of the bill allows fatwas to address “national interest,” a term left undefined. Critics argue that decisions affecting national interest should remain under the Cabinet’s jurisdiction, as stipulated in Article 39 of the Federal Constitution. MCCBCHST urges Parliament to review constitutionality of Mufti Bill

Potential Implications for Non-Muslims
The MCCBCHST also noted past instances where non-Muslim rights were affected, including:

--Statements permitting Muslims to enter non-Muslim places of worship for proselytisation.
--Restrictions on the sale of alcohol and gambling activities in certain states.
-- Controversial conversion cases, such as those of Indira Gandhi and Loh Siew Hong.

The bill’s provisions, such as immunity from lawsuits for the Mufti and Fatwa Committee acting in good faith, further amplify concerns. This could leave non-Muslims without legal recourse, if adversely affected by a fatwa.

The MCCBCHST has appealed to lawmakers to uphold their oath to “preserve, protect, and defend the Constitution.” It urged a re-evaluation of the bill, emphasising that its provisions risk undermining Malaysia's constitutional framework and the rights of all citizens.

“The Mufti Bill would fundamentally alter the balance of power and infringe upon the basic structure of the Constitution, which vests legislative power solely in Parliament,” the statement concluded.

The council hopes that the government will reconsider the bill considering its far-reaching implications, advocating for inclusive governance that respects Malaysia’s multireligious and multicultural identity.