1. The Prime Minister’s Department (Religious Affairs) notes the issues raised in MCA’s Media Statement on 16 October 2024.
2. In response to the issue of power of non-elected officials, Malaysia upholds the rule of law and the supremacy of the Federal Constitution, of which democracy is one of the mechanisms in the law-making process and good governance that are subject to the Federal Constitution. The Bill never made the mufti a legislative authority. Fatwa, in Islam, is a formal ruling or interpretation of a point of Islamic law given by a qualified scholar known as a Mufti. The function of the fatwa is only to determine sharia law (Hukum Syarak) for a particular issue in question based on the Quran, Hadith and Islamic legal sources confined to Muslim personal law. Section 10(6) of the Mufti Bill provides that unless and until a fatwa is published, it will not become binding upon Muslims in the Federal Territories. Under Section 10(2) of the Bill, a fatwa is a collective decision by the Fatwa Committee as opposed to the opinion of a Mufti. Section 14 further provides that Courts can seek the opinion of Mufti in writing, but such an opinion is not binding upon the Court.
3. In response to the applicability of Laws, Muslim personal law is not a criminal law as enumerated under the Federal List. The decision in the Federal Court case of Nik Elin has provided a method for interpreting the precepts of Islam from the context of federalism. Muslim personal law is meant exclusively for Muslims and is protected under Article 8(5)(a) of the Federal Constitution. On the other hand, criminal law under the Federal list is a public law applicable to both Muslims and non-Muslims alike.
4. In response to the complexity of cross-border Issues, every citizen and non-citizen is obliged to uphold the rule of law and the supremacy of the Federal Constitution. From this point of view, anyone must respect local laws and customs, Malaysia’s status as a sovereign Federation, and the individuality of States.
5. Finally, in response to the potential undermining of the position of the Head of State as the head of Islam, Mrs Latifah’s arguments and several others against Mufti Bill 2024 are constitutionally unfounded. Mufti Bill 2024 does not alter the position of the Malay rulers and the Yang di-Pertuan Agong under Articles 3(2) and 3(5) of the Federal Constitution.
6. Mufti Bill 2024 aims to regulate matters touching on the functions of the Mufti and Fatwa Committee in ascertaining Hukum Syarak on issues related to Muslims’ personal law, especially the Muslim faith and matters specified under the Bill. Such law has been in Malaya before the formation of the Federation of Malaya and is guaranteed by Articles 3, 8(5)(a) and 11 of the present constitution.
7. We appreciate MCA’s acknowledgement of Islam as the religion of the Federation. We hope this explanation will help all parties understand the Mufti Bill’s position and its importance in strengthening the administration of Sharia law related to Muslim personal law.
SENATOR DATO’ SETIA DR. HJ. MOHD NA’IM HJ. MOKHTAR
Minister In The Prime Minister’s Department (Religious Affairs)
17 October 2024