In response to growing concerns and misunderstandings about the Mufti Bill (Federal Territories) 2024, Datuk Dr. Mohd Na’im Mokhtar, Minister in the Prime Minister’s Department (Religious Affairs), has clarified that the fatwas (religious edicts) under the new legislation will only apply to Muslims and within specific state jurisdictions. His explanation aims to dispel allegations that the bill infringes on the rights and freedoms of non-Muslims or poses a broader threat to individual liberties in Malaysia.
In a statement shared via his Facebook page, Dr. Mohd Na’im stated, “It should be understood that any fatwa enacted under the Mufti Bill is binding only on Muslims and is limited to the jurisdiction of the states, as laid out under the Second List of the Ninth Schedule in the Federal Constitution.” He further emphasized that a fatwa cannot come into effect without the approval of the Yang di-Pertuan Agong, acting on the advice of the Islamic Religious Council, and that no fatwa can conflict with existing written laws.
The minister elaborated that the Mufti Bill is designed to govern the roles of the Mufti, rulings, and Islamic doctrines within the Federal Territories, which include Kuala Lumpur, Labuan, and Putrajaya. “The bill is aimed at providing a clearer structure for handling Islamic matters, and it includes various sections covering the Mufti and Deputy Mufti roles, the Fatwa Committee, the qibla determination, and committees overseeing Syariah astronomy and the sighting of the new moon,” he added.
One of the key objectives of the bill, Dr. Mohd Na’im explained, is to elevate the legal and judicial system for Muslims in Malaysia while ensuring their rights to justice. He highlighted the clear separation of powers between the Islamic Religious Department, the office of the Mufti, and the Syariah Courts, each of which will operate under its own distinct legislation to promote a balanced administration of Islamic laws.
Addressing concerns about potential restrictions on personal freedoms, Dr. Mohd Na’im reaffirmed that the Federal Constitution guarantees individual rights to freedom, albeit with limitations as outlined in specific articles. “For instance, Article 11 guarantees the freedom of religion, but this must be understood in the context of living with faith. For Muslims, this means practicing the true teachings of Islam as defined by religious authorities,” he explained.
He added that the Mufti of the Federal Territories, in particular, holds the sole responsibility for addressing questions related to Syariah law for Muslims residing in the Federal Territories. The minister emphasized that Syariah rulings would only be enforced within the context of local Islamic practices, safeguarding the rights of Muslims to follow their faith while ensuring the laws align with the Constitution.
Dr. Mohd Na’im also addressed the broader issue of human rights, clarifying that any restrictions on personal freedoms imposed by the government are within the framework of the Federal Constitution. “Restrictions do not necessarily mean violations of human rights. The legitimacy of these rights is determined by constitutional provisions, and fatwas issued under the bill are designed to ensure that Islamic teachings are practiced in accordance with local conditions and to prevent the spread of deviant doctrines.”
To allay fears, the minister urged the public not to sow unnecessary doubts about the Mufti Bill, whether among Muslims or non-Muslims. “Misinterpretations could hinder the government’s efforts to strengthen the administration of Islam,” he warned, stressing that fatwas are issued with the highest level of authority and are critical for maintaining religious integrity.
Concluding his statement, Dr. Mohd Na’im confirmed that the Mufti Bill will be tabled for its second and third readings during the upcoming Parliament session, scheduled to begin on October 14. He reiterated the importance of respecting the authority of the Mufti, as provided for under Section 33 of the Administration of Islamic Law (Federal Territories) Act 1993 (Act 505), and assured the public that the bill would enhance, not restrict, the practice of Islamic law in Malaysia.
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