The Mufti (Federal Territories) Bill 2024, tabled on 2nd July by the Minister in the Prime Minister Department (Religious Affairs), Datuk Dr Mohd Mokhtar Na'im, has invoked heated debates among Muslims in Malaysia, though not much of the discussions can be followed in mainstream media.
It is wise to at least get a brief of Islam's main sects before dwelling on this matter. The Muslim world is generally divided between the Sunnis and Shias. Most Muslim countries are Sunnis except Iran and part of the population in Iraq, Bahrain, Syria, Lebanon, and Yemen.
There are sub-categories of each sect. For this bill, the focus is the division within the Sunnis, as Shia Islam remains unrecognized in Malaysia. In Sunni Islam, the four major schools of jurisprudence are the Hanafi, Shafie, Maliki, and Hanbali. The school of jurisprudence in Malaysia is based on Shafie.
The schools of thought within Sunni Islam regarding theology are Salafi-Wahabi, Asyariah-Maturidiyah (Asharites), Deobandi, and Mutazilah, among others. Malaysian Muslims are generally divided between those who follow the Salafi-Wahabi teaching and those who follow the Asyari'ah-Maturidiyyah teaching. It is between these two groups that the bill would widen the rift.
What the bill is all about?
The Mufti (Federal Territories) Bill 2024 defines the roles and responsibilities of muftis in Malaysia's Federal Territories, including Kuala Lumpur, Labuan, and Putrajaya. A mufti is an Islamic jurist qualified to issue fatwas - non-binding legal opinions on Islamic law.
Under the bill, the mufti will be responsible for matters including advising on Shariah law and issuing fatwas that can be enforced if gazette into law. The mufti will also be protected from legal proceedings related to their duties. Committees will be formed to oversee fatwas, Islamic astronomy, lunar sightings, and religious education.
The Mufti bill, among others, would lay out several criteria to be a Federal Mufti:
- A Malaysian
- A Sunni
- An Expert in Shariah Law
While these three criteria may seem fine on the surface, the devil is in the details. The definition of Sunni in this bill will only mean those who follow the Asyariah-Maturidiyyah teaching, and for the Shariah Law part, fatwas will be issued based on the Shafie school of jurisprudence, or in certain conditions, other Sunni schools.
It means followers of the Salafi teaching, and other denominations are no longer permitted to be the Federal Mufti. Naturally, followers and groups that adhere to the Asyariah-Maturidiyyah teaching welcome this bill. This includes Nahdhatul Ulama Malaysia, Persatuan Guru-Guru Agama Pondok Pantai Timur, and Ahlussunnah Wal Jamaah Research Group,
12 muftis have voiced their support for the bill except Perlis and Sarawak, in addition to popular clerics such as Ustaz Azhar Idrus and Ustaz Wadi Anuar.
The Salafi-leaning figures have opposed this bill, or at least demanded further studies. This includes PAS President Haji Abdul Hadi Awang, who said that the bill needs deeper studies. He argues that Islamic knowledge is vast and that previous Islamic scholars (ulama) did not allow their mazhabs to be declared as the official mazhab of a country.
The clash between the Salafis and the Asharites
In Malaysia, theological and ideological clashes between the two schools of thought primarily revolve around differences in religious interpretation and practice within the broader Sunni Muslim community. It can be traced back to pre-independent historical movements known as Kaum Muda (Young Group) and the Kaum Tua (Old Group).
The former consisted of proponents of modernist Islamic reform influenced by movements like Salafism. They sought to purify and reform Islam according to what they perceived as the original teachings of the faith. In terms of religious practices, they advocated a stricter adherence to Islamic principles and practices by the Prophets and his companions- viewing everything else that comes afterward as innovations (bid'ah) in religious practices.
The latter represents a more traditionalist Sunni establishment that combines a mix of religious practices and local customs , creating a syncretic form of Islam. They seek to defend the cultural and religious heritage of the Malay community.
Today, Salafists in Malaysia have grown in numbers and found their bastion in Perlis. Perlis mufti, Dr Mohd Asri Zainal Abidin (MAZA) - arguably the most vocal mufti in Malaysia - is a well-known advocate of Salafism. It is then no wonder that Perlis King, Tuanku Syed Sirajuddin Putra Jamalullail has voiced objection to this bill.
The Salafists have faced backlash for the strict interpretations of the Quran and the Hadis. They are also accused of being the ideology behind modern terrorism as many terrorist leaders come from Salafist backgrounds.
The clash between Salafists and the Asharites has culminated on several occasions, including the arrest of Dr MAZA in 2009 by the Selangor Religious Department for teaching without authorization or ‘tauliah’ to teach religious classes. He was charged with the same offense.
Because each state has power over religious affairs, many states have banned preachers of different mazhabs. Johor for example, banned Mufti Menk and another preacher, Ustaz Haslin to ensure no views of theirs could threaten racial harmony. Johor has also banned Dr Maza and Umno man Fathul Bari Mat Jahaya, another Salafi-leaning ustazs.
Penang has banned scores of Salafist preachers on the grounds of not having the tauliah to teach. They include Dr Muhamad Rozaimi Ramle, Salman Ali, Maulana Fakhrurrazi, Mohd Rizal Azizan, and Halim Hassan.
The bill's second reading has been postponed. No reason was stated, but it is strongly believed that the government is considering the Salafists' opinion on the matter. On Thursday, a group of Salafist figures, including by Dr MAZA, met with Home Minister Saifuddin Nasution.
If the bill remained unchanged in favour of the Asharites, one interesting thing to observe is how politicians would vote in the Dewan Rakyat. It is not unusual for MPs to vote according to their parties, but the issue of mazhab and religious following transcends the party line. You have Pas supporters, such as Ustaz Azhar Idrus, who are in favour of the bill, and you may also have Muslim MPs in the government who may lean to Salafist teaching and thus, may not be in favour of the bill.
Another interesting thing to look out for is how the bill could impact the influence of the Salafists in Malaysia as this bill restricts their ability to shape religious discourses and even influence public policy. What is certain is that the bill will strengthen the traditional Sunni framework in Malaysia, and promote a standardized authority aligned with the mainstream Sunni belief.
Ahmad Mustakim is a content creator under the Newswav Creator programme, where you get to express yourself, be a citizen journalist, and at the same time monetize your content & reach millions of users on Newswav. Log in to creator.newswav.com and become a Newswav Creator now!
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