The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) deems Pahang mufti Abdul Rahman Osman’s remarks that all those who opposed the Implementation of Islamic principles fall under Islamic belief of kafir harbi, that is, non-believers who can be slain for waging war against Islam, as seditious, inciting people to commit murder and clearly unconstitutional.

MCCBCHST is of the view, that this call by the mufti is a dangerous provocation which can destabilise the nation that has lived in peace and harmony in this mufti-religious society for more than half-a-century.

MCCBCHST implores the government to take quick and firm action against the mufti of Pahang, Abdul Rahman Osman, for causing tension and fear among the non-Muslims who, let it be known, also pay taxes and contribute to the continuous development of the nation for the benefit of all, irrespective of religious affiliation.

MCCBCHST would like to remind that no one can presume to be chosen and saved until she/he is saved at the end of his/her life. So no religious leader of whatever ilk can ‘play God’ and urge the extermination of any one not supporting or opposing Islam. This urging is tantamount to committing murder which goes against Universal Divine Law which categorically states, in one form or another, “You shall not kill”. Let not the government be seen to be aiding and abetting in this vicious and criminal urging of the mufti for the elimination of what he terms ‘kafir harbi’ who have equal citizenship with the rest of fellow Malaysians, be they Muslims or non-Muslims.

Malaysia is a constitutional democracy with a constitution that is declared by Article 4, to be the “Supreme law of the Federation and any law passed after Merderka Day which is inconsistent with the Constitution shall, to the extent of the inconsistency, be void”.

The Pahang mufti when making the above brief statement relating to classifying people as kafir harbi made some major errors as follows:

(i) The mufti did not base his arguments on the Federal Constitution, which is the supreme law of the land. The mufti and many other ulama make statements in blissful ignorance of the constitution, that is they carry out their debate outside the constitution. This is a major flaw in their arguments. They believe, wrongfully, that Islam is not subject to the constitution.

In the transgender case (Malaysiakini 22/1/2015) Judge Mohd. Hishamudin Yunus stated:

“Islam, the religion of the Federation, as defined under Article 3(1) of the Federal Constitution, is subject to the limitations of the fundamental liberties of a person”, the Court held “Article 4(1) of the Federal Consitution declares the Constitution as the Supreme law and any law running contrary to the Constitution shall be considered void”.

(ii) No religious opinion or fatwa can over-ride the express provisions of the Constitution.

The law-making powers are only given to Federal Parliament by Article 74(1) and to the State Legislative by Article 74(2). No other body can make laws. A fatwa must go through legislative process to become law.

(iii) Even from Islamic perspective the mufti’s classification of citizens of the country as kafir harbi (non-believers who can be slain) is not supported by other Islamic experts.

The mufti of Pahang is contradicted by the mufti of Perlis, UIA lecturer Maszlee Malik and the world renowned Islamic Scholar Yunus al-Qaradhawi.

“The current accepted fatwa in the Islamic world categorises the relationship between Muslims and Non-Muslims according to citizenship, which ensures justice for all... This is because international and civil relations and defined by laws of the land, and are tied to the standard of the United Nations Charter”. (Malaysiakini June 25, 2016 - Mujahid Yusof Rawa citing the above views of Islamic Scholar Yusof Qaradhawi.)

Therefore, the mufti of Pahang’s statement is unconstitutional and against the Federal Penal Code.