It is true that non-Muslims should not question the merits or rationale of the recent fatwa against yoga and tomboyism as the edict is exclusively targeted at Muslims. Each religion has its own set of rules and guidelines and non-believers should not question such rules and guidelines out of mutual respect.

However as Muslims and non-Muslims do not live in isolation, non-Muslims have the right to question the fatwa on 2 grounds:

1. How is it going to be enforced and

2.What is actually the process of issuing a fatwa?

The law is very clear; non-Muslims shall not be bound by Islamic law. However,

non-Muslims have always respected the practices of the Islamic faith and certain aspects of the Islamic faith have also been incorporated into licensing requirements for liquor and gaming businesses.

These licenses often state that Muslims are prohibited from being served liquor or be allowed to gamble. Also, in the food and beverage industry, there might be a requirement for halal certification.

It is common to see officials from the religious department accompanying those from other law enforcement agencies in conducting inspections or raids on such premises and the business owner is expected to co-operate to ensure that he did not breach any of the licensing requirements.

However, there is currently no such restrictions for yoga centres or hair salons or apparel shops. Will inspections be conducted at yoga centres to ensure that Muslims are not practising yoga there?

Under what section of the law will such inspections be based on in the future? What about hair salons? Will they also be subject to inspections to ensure that the hair of female customers is not cut too short?

Will checks be conducted at shopping malls to ensure that girls are not wearing pants? Are non-Muslim owners of such premises expected to co-operate or will the religious department or law enforcement agencies be required to obtain a court order before conducting any inspections?

Immediately after the fatwa became public, the Malay Rulers issued statements that they should have been consulted before the fatwa was announced. We have had certain chief ministers and religious officers immediately making statements that they will enforce the fatwa in their respective states and to top all this, our prime minister, the leader and driver of Islam Hadhari said that yoga without the religious aspects can continue to be practised.

What we have right now is a leadership crisis. Various politicians and even religious officers are claiming to be in-charge but the reality is that no one is really taking charge. This has been the sad state of affairs in our country for the past five years.

The Malay Rulers are the guardians and custodians of the Islamic faith and Malay customs in Malaysia and not politicians or religious officers. When the Malay Rulers issued the statement that they should have been consulted before the National Fatwa Council announced the fatwa, it was a rebuke to the National Fatwa Council.

Before common laws are passed, there is a process. Draft Bills will be prepared and circulated to all stakeholders including opposition political parties, the Bar Council and other NGOs for comment.

The Bill will be debated in Parliament and then voted on and presented to the Agong for royal consent. However, in the case of the fatwa, it would appear that the entire process was entrusted to the National Fatwa Council.

Who does the National Fatwa Council report to because it would appear that even the prime minister was not made aware of the fatwa before it was announced as his views were contradictory to those of the National Fatwa Council.

The fact is that the National Fatwa Council only serves as a secretariat for announcing fatwa whilst the final decision lies with the Malay Rulers. In the corporate world, this scenario is akin to a company secretary making an announcement without the approval or knowledge of the board of directors.

In the corporate world, the company secretary will definitely be sacked for breach of authority. However, our Malay Rulers are well known for their compassion and sense of justice and do not act in such haste.

No fatwa can be legally binding without the consent of the respective Malay Ruler and where there is no Malay Ruler, consent of the Agong is needed. Hence, politicians should stop making statements that their respective states will enforce the fatwa and respect the Federal Constitution.

Malaysians are grateful and thankful to the current Malay Rulers for their leadership during this crisis. The Malay Rulers are the fourth pillar of Malaysia together with the Legislative, Executive and Judiciary and have been providing the much needed umbrella of hope and justice for all Malaysians.

Daulat Tuanku.