Malaysia’s Mufti Bill sparks debate on religious plurality and accountability

Authorities explained that the bill would streamline Islamic governance

Originally published on Global Voices

A proposed bill granting greater powers to muftis (Muslim legal experts) has garnered controversy and sparked a vigorous discussion about the potentially grave implications on religious plurality and secular governance in Malaysia.

Proponents of the Mufti (Federal Territories) 2024 Bill said it is intended to “streamline Islamic governance” and promote “uniformity in Islamic law.” But critics warned that the bill if passed into law, would make fatwas (Islamic religious rulings) legally binding in all courts affecting both Muslims and non-Muslims. It would also empower the Federal Territory fatwa committee to make decisions on “national interest” even without the concurrence of the parliament.

The majority, 63.5 percent, of Malaysians are Muslims, while the remaining population is Buddhist, Hindu, and Christian, among other religious affiliations. Many of these minority groups oppose the bill out of concern it will strip their rights and religious freedom.

An online petition which has already gathered almost 6,000 signatures summed up the opposition to the bill.

• Arts, culture, and daily life-related fatwa will become ‘binding’ in ‘any court’;
• As a multicultural society, fatwa directly and indirectly affect all Malaysians, such as in dress code;
• Removal of Parliament’s overview, therefore unconstitutional, and negative impact on constitutional rights.

In recent years, some religious hardliners have been pressing for stricter enforcement of Islamic laws in government. The ruling Madani government may be trying to consolidate support from conservative Islamic groups by introducing the bill.

But opposition to the bill has grown stronger in the past three months. A group of artists expressed concern that the measure would negatively affect the lives of all Malaysians.

…the Bill is a ‘trojan horse’ that may look simple and attractive to ‘harmonise’ syariah law of the Federal Territories with all states, but it also lets in a whole new range of powers via the proposed new Muzakarah Committee that would undermine Parliament itself and exercise even more control on culture, arts and everyday life of all Malaysians.

As it is now, if a non-Muslim performs any aspect of Malaysian culture that has been banned for Muslims, the non-Muslim may be charged under Section 298/298A for offending religious feelings.

Sisters in Islam, a Muslim women's rights group in Malaysia, is worried that the long-term impact of enacting the bill is the silencing of religious debates.

Policies shaped by restrictive fatwas could marginalize non-Muslims and discourage intellectual and religious discourse.

(It) could push Malaysia away from its identity as a moderate, multicultural democracy toward an authoritarian state dominated by unelected officials wielding unchecked religious authority.

The government must uphold constitutional principles, safeguard the rich diversity of Islamic practices, and protect the nation’s democratic foundation.

Azrul Mohd Khalib, a contributor to the Aliran news website, argued that Muslims should oppose the bill.

It is also important to realise that just because a person is Muslim, it does not mean she or he supports this bill. I do not support this bill.

Instead of insulating religious officials and bodies from oversight, we should be moving in the opposite direction: enhancing the credibility and integrity of religious institutions through mechanisms that promote trust and confidence.

Ensuring that their edicts can be reviewed and challenged, if necessary, safeguards not only the public but also the institution itself. This bill arguably is heading in the opposite direction.

The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism, and Taoism urged a “re-evaluation of the bill, emphasizing that its provisions risk undermining Malaysia's constitutional framework and the rights of all citizens.” It added that legislators should promote “inclusive governance that respects Malaysia’s multireligious and multicultural identity.”

Several civil society groups have submitted a memorandum to parliament in a bid to persuade legislators to continue holding meaningful public consultations first before tackling the bill.

In response to criticisms against the bill, the prime minister pointed out that the religious affairs minister will make clarifications about it. Authorities also insisted that the bill would only apply to Muslims and that the main content of the measure is identifying the jurisdiction of states in relation to the work of muftis.

Written by Mong Palatino