Prominent rights lawyer and former Malaysian Anti-Corruption Commission (MACC) chief Latheefa Koya has strongly criticized the Mufti (Federal Territories) Bill 2024, arguing that it grants excessive control over the lives of Muslims while undermining the authority of the Yang di-Pertuan Agong, the constitutional head of Islam in Malaysia. She is urging MPs to reject the Bill in its upcoming second reading in Parliament, warning of its far-reaching consequences for both the legal and social frameworks of the country.
Latheefa emphasized that the Bill, which seeks to elevate the Federal Territories (FT) Mufti as a primary authority on Islamic matters, gives unprecedented powers to an unelected official appointed by a minister. She expressed her disappointment with the silence of ruling MPs, especially those from the Democratic Action Party (DAP), Sabah, and Sarawak, and called on them to defend the Constitution, as they had sworn to do.
According to Latheefa, the Bill would effectively create "two chief authorities" for Islamic affairs in the Federal Territories: the Agong and the Mufti. By elevating the Mufti's role to be second only to the Agong, the Bill diminishes the authority of the Agong as the constitutional head of Islam, which is enshrined in Articles 3(5) and 34(1) of the Federal Constitution. Latheefa argued that this is a direct violation of the Constitution’s basic structure, rendering the Bill unconstitutional.
Latheefa further explained that the Mufti, who is appointed on the advice of the minister, would allow the federal government to wield vast control over religious practices. "This is not the role envisaged for the federal government under our Constitution," she said, noting that the proposed law goes beyond the federal government’s intended jurisdiction and encroaches on personal religious freedoms.
The Bill grants unprecedented power to fatwas (Islamic legal rulings) issued by the FT Mufti, making them binding on all Muslims, without exceptions. Latheefa raised concerns over the rigidity of such fatwas, contrasting this with current laws that offer exemptions in areas of personal belief and practice. Under the new legislation, she warned, fatwas could become "iron-clad and immutable," forcing compliance on even the most personal aspects of Muslim life.
Latheefa also expressed alarm at the potential expansion of Syariah criminal offenses under the Bill, which could touch on every facet of a Muslim's social, economic, and political life. "This Bill will lead to an unfettered increase in the types or categories of offenses enforceable against Muslims," she stated, highlighting the risks of government overreach.
She emphasized that no government in a democracy should hold such broad authority over the religious and personal lives of its citizens, warning that the Bill’s provisions allow the Mufti to issue fatwas unilaterally. Latheefa called this a "blank cheque" for the Mufti, who, as an unelected official, would wield significant influence over how Muslims conduct their lives.
Additionally, she criticized the Bill for allowing a Muslim representative from the Attorney General’s Chambers (AGC) to sit on the fatwa committee, arguing that it goes against Article 8 of the Constitution, which prohibits religious discrimination in public office.
Latheefa urged MPs, both Muslim and non-Muslim, to reject the Bill, stating that it not only violates constitutional principles but also opens the door for greater government control over individual freedoms under the guise of religious governance.
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