OCTOBER 13 — Let’s do a comparison of the pertinent provisions of the Mufti (Federal Territories) Bill 2024 and the State of Sabah Fatwa Enactment 2004.
| Mufti (Federal Territories) Bill 2024
| Fatwa Enactment 2024 |
| Preamble. WHEREAS Parliament may make laws regarding the government and administration of the Federal Territories of Kuala Lumpur, Labuan and Putrajaya including Islamic law therein to the same extent as provided for in item 1 in the State List as provided in the Federal List under item 6(e) of List I of the Ninth Schedule of the Federal Constitution: NOW, THEREFORE, pursuant to Clause (1) of Article 74 of the Federal Constitution, IT IS ENACTED by the Parliament of Malaysia as follows: | Section 3. Saving of prerogative Save as expressly provided in this Enactment, nothing contained in this Enactment shall derogate, from or affect the rights and powers of the Yang di-Pertuan Agong as the Head of the Religion of Islam in the State of Sabah as declared and set forth in the Constitution of the State of Sabah. |
| Section 1. Application (2) This Act shall apply to the Federal Territories of Kuala Lumpur, Labuan and Putrajaya. | |
| Clause 4. Functions of Mufti and Deputy Mufti (1) The Mufti shall aid and advise the Yang di-Pertuan Agong in respect of all matters of Islamic Law, and in all such matters shall be the chief authority in the Federal Territories after the Yang di-Pertuan Agong, except where otherwise provided in this Act. | Section 5. Functions of the Mufti The Mufti shall aid and advise the Yang di-Pertua Negeri in respect of all matters of Islamic Law, and in all such matters shall be the chief authority in the State after the Yang diPertuan Agong and Yang di-Pertua Negeri, except where otherwise provided in this Enactment or other Enactment which is applicable in the State.
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| Clause 10. Procedure of issuing fatwa (1) Mufti may, before making and issuing any fatwa— (a) direct any person to carry out a study or research relating to the issue or question concerned; (b) summon any relevant person to provide an explanation in relation to the study or research which has been carried out or in relation to the issue or questions raised; and (c) direct the person who has carried out the study or research to prepare a fatwa research paper. (2) If the Mufti finds that a fatwa needs to be issued pertaining to the issue or question, the Mufti shall direct a meeting of the Fatwa Committee to be summoned for the purpose of discussing the proposed fatwa. (3) After the proposed fatwa is approved by the Fatwa Committee, the Mufti shall make a recommendation to the Yang di-Pertuan Agong for his assent for the publication of the fatwa in the Gazette. (4) The fatwa which has been assented by the Yang di-Pertuan Agong shall be published in the Gazette. (5) The procedure of issuing fatwa under this section shall be applicable for fatwa issued under sections 13 and 14 of this Act. (6) Any other ruling of Islamic Law which is not published in the Gazette, shall remain to be respected and be a guidance of Islamic Law for Muslims in the Federal Territories. | Section 8. Procedure in making a fatwa (1) Before a State Fatwa Council makes a fatwa, the Mufti may cause any study or research to be carried out as directed by him and a working paper to be prepared. (2) Whenever the State Fatwa Council proposes to make a fatwa the Mufti shall call a meeting of the State Fatwa Council for the purpose of discussing the proposed fatwa. (3) After a fatwa is prepared by the State Fatwa Council, the Mufti shall, on behalf and in the name of the State Fatwa Council, submit the fatwa prepared to the Majlis. (4) The Majlis may, after deliberating upon the fatwa, make a recommendation to the Yang di-Pertua Negeri for his assent for the publication of the fatwa in the Gazette. (5) The recommendation made under subsection (4) shall be accompanied by an explanatory memorandum and comments from the Majlis if the Majlis considers such explanation of comments are required. (6) When a fatwa has been assented to by the Yang di-Pertua Negeri, the Majlis shall inform the State Government of the fatwa and thereafter shall cause the fatwa to be published in the Gazette. (7) A fatwa published in the Gazette shall be accompanied by a statement that the fatwa is made under this section. (8) A fatwa shall be published in the national language in the Rumi script, but the text of the fatwa in the Jawi script may also be published. (9) Any statement made by the State Fatwa Council shall not be taken to be a fatwa unless such statement is published in the Gazette in accordance with subsection (6). |
| Clause 11. Fatwa to be binding and recognised A fatwa shall— (a) be binding on every Muslim in the Federal Territories as his religious teachings and shall be his religious duty to abide by and uphold to the fatwa; and (b) be recognised by any court in respect of all matters stated in the fatwa. | Section 9. A fatwa published in the Gazette is binding (1) Upon its publication in the Gazette, a fatwa shall be binding on every Muslim in the State as a dictate of his religion and it shall be his religious duty to abide by and uphold the fatwa, unless he is permitted by Islamic Law to depart from the fatwa in matters of personal observance. (2) A fatwa shall be recognised by all Courts in the State of all matters laid down therein. |
The word fatwa is not defined in the Bill. But it is clear from the Bill that there is a difference between fatwa and proposed fatwa.
A fatwa is a proposed fatwa that is approved by the Fatwa Committee which is then recommended by the Mufti to the King for His Majesty’s assent which is to be published in the Gazette.
It is this fatwa that is to be (a) binding on, abided and upheld by every Muslim in the Federal Territories and (b) be recognised by any court in respect of all matters stated in the fatwa. This is similar to Section 9 of the Fatwa Enactment.
Some of the provisions in the Bill have been in existence as Sabah State law since 2004.
So, why the hue and cry over the Bill?
One can say that the Fatwa Enactment in 2004 and Clause 10 of the Bill, which will be the new law applying in the Federal Territories when passed, are an improvement to Section 34 of the Administration of Islamic Law (Federal Territories) Act 1993 (Act 505).
A further improvement can be made to Clause 10 of the Bill.
I agree with the Minister in the Prime Minister’s Department (Religious Affairs) Mohd Na’im Mokhtar that doubts should not be created among the Muslim and non-Muslim communities that could lead to misinterpretations of the Bill.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
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