THE MCA today said the biggest controversy surrounding the Mufti (Federal Territories) Bill 2024 lies in the fact that Islamic rulings (fatwa) issued by each state’s mufti will be gazetted, giving them legal effect and enforceability upon Muslims.
In a statement, it said there were several key issues raised by this Bill which include the power of non-elected officials.
"The muftis, as non-elected officials, would have the power to enact legally binding regulations on Muslims, which goes against the spirit of democracy.
"Granting such significant legislative power to religious officials who are not subject to the oversight of elected representatives is inconsistent with the principles of a representative democracy," it said.
On the applicability of laws, it said in the Sulaiman Takrib vs State of Terengganu case, Federal Court Judge Abdul Hamid Mohamad ruled that violations of Islamic prohibitions cannot be considered criminal offences.
"This is because criminal offences must have general applicability. Should the Bill contain elements that affect non-Muslims, it would be constitutionally invalid,".
MCA said it believes that the Bill indicates that the current government’s control over religious affairs is increasing beyond what was seen under the previous Barisan Nasional government.
"We are concerned that this may undermine the nation’s values of freedom, democracy, and fairness, leading to national regression.
"This Bill has already caused unease among non-Muslims, and even some Malay Muslim lawyers and academics have expressed opposition, among them, Datuk Zaid Ibrahim, former Minister in the Prime Minister's Department for Legal Affairs and Judicial Reform.
"It is clear that the government needs to carefully reconsider this amendment," said MCA.
The party said it fully respects the status of Islam as the religion of the Federation and acknowledges the government’s authority to legislate and amend laws.
However, given the issues raised by this amendment, it urged the government to ensure that any legal changes take into account Malaysia’s multicultural society, adhere to the spirit of constitutional democracy, and safeguard the values of diversity, moderation, and inclusivity from being eroded. - October 16, 2024
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