What Do We Know About The Mufti Bill 2024? – Analysis

A bill introduced in Malaysia’s parliament earlier this year to expand the powers of the muftis – Muslim legal experts – in the federal territories (FT) of Kuala Lumpur, Labuan and Putrajaya is expected to be tabled for debate and possible passage within a month.

Traditionally, muftis are appointed by state rulers in Malaysia, giving religious authorities significant autonomy.

Critics argue the bill could expand to the states in Malaysia, potentially infringing on individual freedoms and intellectual diversity.

What is the Mufti Bill 2024?

The bill outlines the specific duties and powers of the Department of the Mufti for the Federal Territory. It specifies the mufti’s role in advising the King on Islamic affairs, according to Sirajuddin Suhaimee, Malaysian Islamic Development Department (Jakim) director-general.

Currently, Muslim fatwas serve as advisory opinions rather than enforceable law except in cases where they become part of the Sharia Law.

However, under the bill’s Article 10, the fatwas could become law without needing parliament’s approval once they are published in the Official Gazette.

Sirajuddin told BenarNews that no official date has been set, adding the bill is expected to be tabled before the parliament session ends on Dec. 12.

Why are some opposed?

While proponents argue the bill would improve the consistency of Islamic rulings throughout Malaysia, critics including northern-state Perlis Mufti Mohd Asri Zainul Abidin, called it a move toward unchecked religious authority and a threat to intellectual autonomy.

One contentious aspect of the bill is its restriction of Islamic interpretations to only four Sunni schools of thought – Shafi’i, Hanbali, Maliki, and Hanafi – which has drawn particular criticism.

Non-Sunni interpretations include Shia and Ahmadi views, which are often seen as deviant in Malaysia.

Ahmad Farouk Musa, founder of the Islamic Renaissance Front, a progressive Islamic think-tank, argued that the bill enforces a narrow theological stance, leaving no room for alternative streams of thought.

“There will be no more freedom of conscience in this country. All Muslims [in the country] must adhere to this theology of the state,” he told BenarNews. “I thought that the government celebrates diversity. But in actual fact, we are killing that diversity with the bill.”

Meanwhile, Sisters in Islam (SIS), a women’s rights group, warned that legally binding fatwas could result in punishments for actions not criminalized under secular law.

“Fatwas are traditionally advisory, meant to guide Muslims on religious matters – not to be enforced as law,” the group said in a statement.

What are implications for states’ rights?

The constitution divides religious jurisdiction between federal and state authorities, with the country’s nine sultans overseeing Islamic matters within their states.

The federal territories fall under the purview of the Yang di-Pertuan Agong, Malaysia’s king, who acts as head of Islam in these regions.

One constitutional analyst argued the bill does not infringe on states’ rights, as it pertains solely to the federal territories.

“The autonomy of the religious authorities of other states are not affected because they are protected under their respective state constitutions,” Wan Ahmad Fauzi, a constitutional law analyst at the International Islamic University Malaysia, told BenarNews.

Does it impact non-Muslims?

Although the bill applies only to Muslims, critics argue that an increase in unchecked authority for a religious official could potentially strain interfaith relations.

As of mid-2023, Malaysia’s population of 34.2 million was predominantly Muslim (63.5%), with significant Buddhist (18.7%), Christian (9.1%), and Hindu (6.1%) communities.

“The bill’s implications on race relations need careful consideration, given the high percentage of non-Muslims in the FT,” think tank founder Farouk Musa said.

Could bill influence political power?

Some observers see the bill as a strategy to win over conservative Malay voters who make up over 70% of the population by showing the government’s commitment to the traditional Sunni doctrine, Sunnah Wal Jamaah.

“The government may view passing this bill as a way to gain Malay support, as it reinforces Malaysia’s orthodox Sunni values,” Azmil Mohd Tayeb, a political analyst at Universiti Sains Malaysia, told BenarNews.

Analyst Tunku Mohar Mokhtar of the International Islamic University Malaysia had a different take, telling BenarNews the strategy could be seen as overreaching.

“If the bill is designed to gain votes, it may backfire,” he said, pointing out that much of the opposition comes from those aligned with Pakatan Harapan, Prime Minister Anwar Ibrahim’s multiethnic coalition.

“It also cannot get votes from [Islamist party] PAS supporters who aren’t into much theological debates.”
Is it necessary?

Even as government officials defend the bill as an essential update to streamline Islamic governance, many critics remain unconvinced over concerns it risks intensifying bureaucratic control over religious life.

“Yes, we need this bill for better administration of Islamic matters in the federal territories,” analyst Ahmad Fauzi said.

In contrast, Farouk Musa sees the bill as “sectarian and divisive,” adding it is unnecessary and could hinder inclusivity.