FT Mufti Bill: Non-Muslim group fears legally binding fatwas

A multi-religious group has warned that the proposed Federal Territories Mufti Bill could make fatwas legally binding and potentially infringe on non-Muslim rights.

“We are deeply concerned that the FT Mufti Bill, if passed, could lead to fatwas being enforced as laws, without any recourse for non-Muslims,” said the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism, and Taoism (MCCBCHST).

In a statement today, the group expressed concern that the bill could bypass Parliament’s authority.

“This is a direct challenge to the Constitution, which clearly grants legislative power solely to the Parliament. The mufti and his committee have no constitutional basis to issue laws that affect the entire nation.”

The group also pointed out that the Federal Territories mufti and the Fatwa Committee are not recognised within the Constitution’s Federal or State Lists, meaning they do not have the legal standing to issue enforceable laws.

Similarly, retired Court of Appeal judge Hamid Sultan Abu Bakar has described the proposed changes as a “direct attack” on Malaysia’s Constitution.

“The FT Mufti Bill seeks to give the mufti legislative powers, which is not in line with the structure of the Federal Constitution. The Constitution stipulates that only Parliament can make laws, not religious bodies,” he said.

What constitutes ‘national interest’?

MCCBCHST further emphasised that the bill’s vagueness regarding the term “national interest” - which allows the mufti’s committee to issue fatwas on matters deemed to affect the nation - raises significant concerns.

“The term ‘national interest’ is undefined in the bill, leaving it to an unelected religious body to determine what affects the nation.

“This is deeply problematic as national issues should be debated and decided by the cabinet, not a Fatwa Committee,” it added.

The group also warned that the bill could disproportionately affect non-Muslims as the mufti and his committee could go unchallenged.

Under Section 33 of the bill, no legal action can be taken against the mufti or the Fatwa Committee for decisions made in good faith, even if those decisions harm non-Muslim communities.

“If fatwas can be legally enforced and non-Muslims are unable to challenge them, this would be a grave violation of our constitutional rights,” the group said.

“We are left with no recourse if these fatwas infringe upon our freedoms.”

READ MORE: KINIGUIDE | Polemics surrounding FT Mufti Bill

MCCBCHST also pointed to past incidents where Islamic policies impacted non-Muslims, even without the FT Mufti Bill in place.

These included controversial statements such as the Terengganu mufti allowing Muslims to enter places of worship of other religions to proselytise, and state-level actions like the Kedah government’s ban on 4D gaming outlets and liquor sales, which primarily affected non-Muslim businesses.

“We have already seen how fatwas and policies that are not properly regulated can affect the daily lives of non-Muslims in Malaysia.

“This bill, if passed, could give religious authorities unchecked power, and we fear the consequences for all Malaysians.”

In light of these concerns, MCCBCHST is urging the government to reconsider the bill.

“We call on MPs to stay true to their oath to ‘preserve, protect, and defend the Constitution’,” said the group.

“This bill undermines the basic structure of the Constitution, and if passed, it could have far-reaching consequences on the fundamental rights of all Malaysians.”

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