Former Umno Youth chief Khairy Jamaluddin has joined the growing criticism of the government’s move to define the role and powers of the mufti in the Federal Territories through a proposed new law that has since angered both religious figures and human rights groups.
While lawyers and rights activists have described the Federal Territories Mufti Bill 2024 as unconstitutional for giving an unelected official vast powers to encroach into the daily lives of Muslims, some religious figures have raised the alarm over what they say is a narrow definition of Islam along sectarian lines.
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.
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.
Khairy said the bill risks isolating Muslims who do not belong to a particular school of thought.
“When we institutionalise the religion, do we come to a point where we restrict the Islamic faith or the definition of Sunni Islam?
“What if a person who does not fully adhere to it, would he be considered a Muslim in Malaysia or in the Federal Territories?” asked Khairyn in his podcast Keluar Sekejap recently.
Khairy questioned whether the bureaucratisation of Islam had reached a stage “where we have such a narrow definition of who we are as Muslims”.
“I think narrow theological issues should not be the focus of the current government as there have been no problems so far. If there is a sect or a group that clearly violates the (Islamic) creed, we agree that action should be taken, because we are a nation where the state interpretation is based on the Sunni-Shafi’i school,” Khairy said.
He said any further narrowing down of the Shafi’i school would limit the intellectual capacity of Malaysia’s Islamic scholars.
“This could also hinder the development of Malaysia’s Islamic thinkers who could contribute to the bigger questions of the day, because they only want to see one stream, one worldview and one tradition.”
Khairy also recalled the Amman Message of 2004, a declaration by 200 Islamic scholars from 50 countries calling for tolerance and an end to sectarianism, which was also endorsed by Malaysian politicians including Prime Minister Anwar Ibrahim.
Leading the criticism of the bill is Perlis mufti Mohd Asri Zainul Abidin, who is known to hold views that are not in line with the Shafi’i school.
In a stinging attack on Na’im, Asri challenged the religious minister whether he himself is 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.
He warned that the bill would lead to a slippery slope of sectarian labelling and also give rise to accusations of deviations between different Muslim groups.
“Perhaps it will be suggested that the identity card should also state ‘Religion: Islam Ashairah Maturidiyyah Junaid or Ghazali’.
“The way I see it, this is a sectarian issue being shoved into the Madani government,” he added.
Anwar has largely refused to comment on the bill, saying instead that Na’im would clear the air on the criticism.
Constitutionality
Aside 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.
She said the bill also gives unprecedented jurisdiction to fatwas issued by the FT mufti as they would be binding on every Muslim.
“There is no exception or qualification,” she said, adding that in contrast, current FT Islamic laws exempt fatwa in matters of personal observance, belief or opinion.
