Hindu groups voice concern over FT mufti bill's constitutionality

More than a dozen associations representing the Hindu faith in Malaysia have called on the government to postpone the tabling of the Mufti (Federal Territories) Bill 2024, adding to opposition from a number of Muslim scholars who have expressed reservations over the proposed law for its sectarian overtones.

The Malaysian Coalition of Hindu NGOs and Temples said its disagreement centred on the constitutionality of several provisions in the bill.

"We have received and continue to receive many questions from the public who are concerned about certain clauses that could potentially affect aspects of the lives of all Malaysians, including non-Muslims," it said in a statement jointly signed by 13 organisations, including the Malaysia Hindu Sangam (MHS), Malaysia Hindhudharma Maamandram (Maamandram) and the Malaysian Hindu Youth Council (HYO).

They cited Section 13(1) on the powers of the fatwa committee to issue a decree on matters of "national interest".

"There are concerns that this power is too general and could be binding on non-Muslim Malaysian citizens.

"The concern s heightened by Section 11(b), which provides that the fatwa is enshrined as federal law and 'shall be recognised by any court in respect of all matters mentioned' and cannot be challenged in court under Section 15(3)," the groups said, adding that they were willing to work with the government through stakeholder engagement.

The bill, which is promoted by religious affairs minister Mohd Na'im Mokhtar, touches on the role of the FT mufti, the structure of the fatwa committee as well as committees on astronomy, the sighting of the moon to determine the Islamic calendar and the direction of prayer (qiblah), among others.

While lawyers and rights activists have described the bill as unconstitutional for giving an unelected official vast powers to encroach into the daily lives of Muslims, some Muslim figures have also raised the alarm over what they say is a narrow definition of Islam along sectarian lines.

At the centre of the criticism is the provision that a mufti may only be appointed from the ranks of the Ash'ari and Maturidi, two theological schools that are generally regarded as representative of mainstream Sunni Islam.

"When we institutionalise the religion, do we come to a point where we restrict the Islamic faith or the definition of Sunni Islam?" asked former Umno Youth chief Khairy Jamaluddin recently.

"What if a person who does not fully adhere to it, would he be considered a Muslim in Malaysia or in the Federal Territories?"

Other critics include PAS president Abdul Hadi Awang, who warned that the founders of the various Islamic schools of thought had never intended their teachings to be declared as the official version of Islam.

Leading the criticism of the bill is Perlis mufti Mohd Asri Zainul Abidin - known to hold views that are not in line with the Shafi'i school - who recently challenged Na'im to state whether he himself was informed about the various Shafi'i theological streams stated in the bill.

"If he is honest, he should first prove that he also understands them before forcing them on the public," Asri said recently.

Prime Minister Anwar Ibrahim has largely refused to comment on the bill, saying instead that Na'im would clear the air on the criticism.

Apart from the theological aspects, the FT Mufti bill has also been criticised for its constitutionality.

Lawyer Latheefa Koya said the bill "derogates from the position of the Agong as the head of Islam in Malaysia", citing in Articles 3(5) and 34(1) of the constitution.

"The mufti is appointed upon advice of the minister, and therefore the federal government will obtain wide power and authority over every aspect of the religious practices of Muslims in this country once the Bill is law.

"This is not the role envisaged for the federal government under our constitution. It is against the basic structure of our constitution and thus unconstitutional," said the former chief of the Malaysian Anti-Corruption Commission, who also hit out at DAP MPs as well as those from Sabah and Sarawak for their silence.