The Mufti Bill: an explainer
This page provides an overview of the Mufti Bill set to be tabled in October 2024.
Background
On 2 July 2024, the Mufti Bill along with two other bills were tabled in Parliament for its first reading. The Mufti bill is expected to be tabled for second and third reading on 16 or 17 October.
In March 2021, the Deputy Minister of Religious Affairs at the PMO shared a five-year plan to strengthen the Syariah laws in the Federal Territory.
Process of law-making
Proposed laws introduced in Parliament or the state assemblies as known bills. Bills are usually introduced or tabled by the relevant Minister, Deputy Minister, EXCO member to the subject of the bill. However, a member of Parliament, state assembly or senate can also introduce a law through the Private Member’s Bills.
All bills go through three parliamentary readings.
first reading: submission of the proposed law, i.e. the introduction of the bill to parliament
second reading: the bill is debated in Parliament. It then goes through a committee stage before being returned to the House of Representatives for a third and final reading.
Third reading: Members of Parliament (MPs) vote on the bill.
Passed bills are referred to the Senate. The Senate may choose not to pass the bill. However, non-approval by the Senate can only delay and not prevent a bill from being passed. This is followed by the Royal Assent of the King. Laws then take effect once they are published in the Government Gazette.
Reference: CLIMATE CHANGE LEGISLATION IN MALAYSIA: AN EXCERPT FROM The 2015 Global Climate Legislation Study A Review of Climate Change Legislation in 99 Countries https://www.lse.ac.uk/GranthamInstitute/wp-content/uploads/2015/05/MALAYSIA.pdf
What is the mufti bill?
The Mufti Bill aims to create a stand-alone Act that outlines the functions of the Mufti of the Federal Territory in the determination of matters of Islamic law and doctrine and related matters.
Currently, the roles and functions of the mufti are outlined in Act 505 Administration Of Islamic Law (Federal Territories) Act 1993. Part III Appointment of Mufti, Authority In Religious Matters And The Islamic Legal Consultative Committee of the Act covers
Appointment of Mufti and Deputy Mufti
Authority of Mufti
Fatwa
Form of fatwa
Amendment, modification or revocation of fatwa
The Islamic Legal Consultative Committee
Request for opinion from the Mufti
Authorities to be followed
What is the content of the Mufti bill?
The bill introduces 9 sections
Preliminary
Mufti And Deputy Mufti cover their roles of the two roles
Fatwa Committee: includes the establishment, functions, appointment of members, among others
Issuance Of Fatwa: the process of issuing fatwa, legality of fatwa,
Determination Of Qibla Direction
Falak Syarie Committee
Rukyah Hilal Committee
Islamic Religious Teaching Supervisory Committee And Akidah Consultant
Miscellaneous
What are the new things introduced by the bill?
The Bill introduces several new elements and penalties
Review of the bill
What is good?
Introduces guidance and processes when it comes to fatwa-making
Gives clarity to the roles of the fatwa and other committees
What can be improved?
Include duration of appointment and eligible reappointment for the Mufti, Deputy Mufti, the akidah consultant, and committee members. Currently, the bill does not specify the duration of engagement.
All members of the Committees could include gender language
What can be discriminatory and should not be included in the bill? Why?
1. Selection criteria for Mufti and Deputy Mufti
The roles can only be filled by a person with Malaysian citizenship, an Ahli Sunah Waljamaah; and expertise in Islamic Law.
This criteria needs to be reviewed as may cause discrimination on the grounds of religion and privacy, and can be inconsistent with Articles 5 and 8 of the Federal Constitution.
Article 5 (Privacy): The person has to disclose their religious beliefs
Article 8 (Equality and non-discrimination): All Muslim persons should have equal access to opportunities
2. The role of the Akidah consultant
The Akidah Consultant is a new role introduced in Bill. The consultant is deemed a public servant and is given immunity from liability. The consultant is tasked with among others,
give advice and encouragement to any Muslim who wants to renounce Islam to return to Islam;
carry out an akidah consultation session and provide a report and recommendation to any person or Syariah Court within stipulated time;
endeavour to rescue the akidah of any Muslim who wants to renounce Islam; and
perform any other function as directed by the Mufti.
There are several concerns with the role:
Ethical and human rights concerns, particularly regarding the potential for coercion, which conflicts with the Quranic principle of "no compulsion in religion" (Surah al-Baqarah 2:256). This undermines individual autonomy and religious freedom.
Lack of clear qualifications and standardised procedures for akidah consultants risks inconsistent and potentially biased outcomes.
Lack of definition of akidah, while recognizing that akidah can be subjective to each individual and should be self-regulated. The state regulation of akidah denies Muslim persons the freedom of thought, privacy, expression, and self-determination.
Lack of oversight or appeals mechanism. Article 5 of the Government Proceedings Act 1965 notes that public officers should be accountable for wrongful acts. As the akidah consultant is considered a public servant or officer, Article 5 of the Government Proceedings Act applies to them.
3. Low criteria for appointment of the committee members and Akidah Consultant
The criteria for the appointment of the committee members and the Akidah consultant are as follows:
Committee
Membership
(the Mufti and Deputy Mufti are members of all committees)
Membership criteria of non-government actors
(appointed by Mufti)
Falak Syarie Committee
8 government actors
2 - 9 non-government actors
fit and proper from among
Muslims
Rukyah Hilal Committee
5 government actors
6 non-government actors
fit and proper from among
Muslims
Islamic Religious Teaching Supervisory Committee
2 government actors
3 - 7 non-government actors
Muslims who have relevant experience, knowledge and
expertise.
Akidah consultant
n/a
fit and proper from among
Muslims
The Bill significantly expands the Mufti's authority over the Islamic Religious Teaching Supervisory Committee, allowing the Mufti to appoint most of its members. This could lead to a more homogenous religious education, potentially favouring certain sects or doctrines.
4. Legal immunity for the Mufti, Deputy Mufti, akidah consultant, and any member of the Committee from legal action in any court
Given the legal immunity proposed by the bill, there are no appeals and oversight over the Committees and Akidah Consultant. This can result in increased abuse of power by state actors with impunity.
5. Islamic Religious Teaching Supervisory Committee’s wide-ranging scope
The Committee’s broad powers to approve or revoke tauliah (teaching permits) without clear guidelines or an appeals process could limit educational diversity and foster sectarian divides. Restricting Islamic education to specific schools of thought may also stifle critical thinking and diminish the richness of Islamic scholarship in Malaysia.
6. Expansion of the recognition of fatwas in any court in Malaysia.
In the existing Act 505, Section 34 (4) notes “A fatwa shall be recognized by all Courts in the Federal Territories as authoritative of all matters laid down therein”. However, Section 11(b) of the proposed bill notes a fatwa shall be recognized by any court in respect of all matters stated in the fatwa.
The jurisdictional reach of these fatwas remains unclear—whether they apply only to syariah courts or extend to civil courts, potentially complicating the relationship between civil and religious legal systems. Critics also point out the risk of religious decrees overriding established federal laws, which would challenge the separation of powers.
7. Fatwa to be binding and recognized.
There are two-pronged issues - 1) issues in the proposed bill 2) long-standing issues about the legality of fatwas and the fatwa-making process
What are the issues with the proposed bill?
There are two conflicting and confusing sections, which raise questions about the legality and use of non-gazetted fatwa and any other ruling. The two sections are as follows
MuslimThe Bill proposes making fatwas legally binding on Muslims persons of diverse sects or mazhabs in the Federal Territories, reinforcing state religion and eliminating personal discretion in following them. This can result in restrictions of freedom of thought, conscience, and religion of Muslim persons of diverse sects, as they don’t have the option to disagree with the state opinion or interpretation with the fatwa. This is also linked to the Mufti, Deputy Mutfi, the akidah consultant and other committee members are free from liability.
In a 2011 report (A/HRC/19/60), The Special Rapporteur on Freedom of Religion and Belief
“reiterated warnings against aggravated discrimination following the adoption of a State religion. While the mere existence of a State religion may not in itself be incompatible with human rights, this concept must neither be exploited at the expense of the rights of minorities nor lead to discrimination on the grounds of religion or belief. Formal or legal distinction between different kinds of religious or belief communities carries the seed of discrimination insofar as such a distinction in their status implies a difference in rights or treatment.”
What are long-standing issues with the fatwa-making process?
Malaysia is the only country that imposes legally binding fatwas on Muslim persons. In other countries, where fatwas are available, they are deemed as an opinion of an expert. In Malaysia, once a fatwa is gazetted, it becomes law, contrasting with other jurisdictions where fatwas are advisory.
The current fatwa-making process bypasses the legislative process. However, fatwas have a binding and legal effect on Muslim persons, resulting in extra-legal measures that regulate the freedom of religion and other rights, including equality before the law of Muslim persons. Conversely, fatwa can have a wide-ranging impact on non-muslim people. For example, the 1982 fatwa on transgender people has a wide-ranging impact on access to healthcare and legal gender recognition for trans people regardless of religion.
While the fatwa-making processes are outlined, it still remains that the fatwa committee is not a legislative body.
Fatwa at times are unconstitutional as they can encroach into Federal matters. For example, a fatwa on IC in Selangor. Issues related national registration fall under the Federal list.
The new bill does not address these issues.
What are the overall impacts of the Mufti Bill?
Reinforcement of state religion and religious doctrines.
Human rights instruments, such as the Beirut Declaration and Special Procedures, including the SR on freedom of religion and belief have reiterated that
“while the notion of State religions is not per se prohibited under international human rights law, States have to ensure that this does not lead to a de jure or de facto discrimination of members of other religions and beliefs. The burden of proof in this regard falls on the State.”
They have also stressed that
“The State religion or the religion of the State is not, of course, a characteristic of the religion, but of the State.”
Recommendations and call to action
Maintain the existing provision in Act 505, no need for a new stand-alone law. The new committees can be maintained as guidelines or included in Act 505 if necessary
Review the fatwa-making process and legality of fatwa given its wide-ranging impact on Muslim and non-muslim people
Promote self-regulation instead of state regulation of faith
Further reading
Annex
Table 2: Functions of the committees
Falak Syarie Committee
8 government actors
2 - 9 non-government actors
fit and proper from among
Muslims
Establish relevant policies
Advise on falak syarie matters
Carry out relevant research to the subject matter
Certify the hijri calendar, prayer timetable, method of verification of qibla direction and the timetable for imsak and iftar for the month of Ramadan
Certify the monthly new moon sighting report prepared by the Federal Territory Mufti’s Office
Other functions deemed necessary
Rukyah Hilal Committee
5 government actors
6 non-government actors
fit and proper from among
Muslims
implement the ruling made by the Conference of Rulers;
conduct the sighting of the new moon at the location of the new moon sighting listed in the Third Schedule for the purpose of determining the beginning of the month of Ramadan, Syawal and Zulhijah; and
Other functions deemed necessary
Islamic Religious Teaching Supervisory Committee
2 government actors
3 - 7 non-government actors
Muslims who have relevant experience, knowledge and
expertise.
consider, approve and refuse an application for tauliah to teach the religion of Islam;
grant the tauliah for the purpose of teaching the religion of Islam;
suspend, revoke or exempt tauliah for the purpose of teaching the religion of Islam;
keep and maintain a register relating to the granting of tauliah for the purpose of teaching the religion of Islam;
determine terms and conditions for the granting of tauliah for the purpose of teaching the religion of Islam;
Other functions deemed necessary
Comparison between the Administration Of Islamic Law (Federal Territories) Act 1993 and the proposed bill
Item
Current Act
Proposed bill
Appointment of Mufti and Deputy Mufti
Appointed by the Yang di-Pertuan Agong based on the advice of the Minister and consultation with the Majlis Agama Islam Negeri (MAIN)
Introduces the following selection criteria and defines Ahli Sunah Waljamaah
(a) he is a citizen of Malaysia;
(b) he is an Ahli Sunah Waljamaah; and
(c) he has expertise in Islamic Law.
Authority of Mufti
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
Introduces additional new provision
The role of the Deputy Mufti in the absence of the Mufti
Revocation of the Mufti and Deputy’s appointments
Circumstances or reasons for the Mufti position to be vacant, including having committed a criminal offence, declared bankrupt, among others,
(Issuance of) Fatwa
The mufti can make and publish in the Gazette, a fatwa or ruling on any unsettled or controversial question of or relating to Islamic Law. This can be prompted by
Yang di-Pertuan Agong,
own initiative or
on the request of any person
Statements by Mufti cannot be considered as fatwa unless it is gazetted. After which, it will be legally binding on all Muslim persons in the Federal Territory
A fatwa will be recognized in all Courts in the Federal Territory
34 (4) A fatwa shall be recognized by all Courts in the Federal Territories as authoritative of all matters laid down therein.
Introduces
Procedure of issuing fatwa, including research, consultation with the fatwa committee
It notes 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.
Fatwa to be binding and recognized in any court
Form of fatwa
Published in Rumi, and can be published in Jawi
Amendment, modification or revocation of fatwa
A new mufti can review, amend, revoke, and modify a fatwa by a previous mufti
A new mufti can review, amend, revoke, and modify a fatwa by a previous mufti after consultation with the Fatwa Committee
Committee
The Islamic Legal Consultative Committee will be consulted to discuss a proposed fatwa.
The Committee shall consist of—
(a) the Mufti, as Chairman;
(b) the Deputy Mufti;
(c) two members of the Majlis nominated by the Majlis;
(d) not less than two fit and proper persons to be appointed by the Majlis; and
(e) an officer of the Islamic Religious Department of the Federal Territories to be appointed by the Majlis, who shall be the Secretary.
Before the Mufti makes a fatwa, he may cause such studies or research to be conducted as he may direct and a working paper prepared.
Introduction of the “Fatwa Committee of the Federal Territories”
(a) the Mufti who shall be the Chairman;
(b) the Deputies Mufti;
(c) the Director General of the Department of Islamic Development of Malaysia or his representative;
(d) two members of the Majlis nominated by the Majlis;
(e) a representative from the Attorney General’s Chambers who is a Muslim;
(f) a representative from the Federal Territory Islamic Religious Department; and
(g) not less than two but not more than nine other members who are fit and proper from among Muslims who shall
be appointed by the Yang di-Pertuan Agong.
Can be appointed for 3 years and be reappointed
The Mufti shall appoint an Islamic Affairs Officer who is fit and proper to be the Secretary.
They will be guided by the Second Schedule in FC
The roles
(a) to discuss any issues and questions relating to Islamic Law;
(b) to issue a fatwa on any issue relating to Islamic Law either
on the direction of the Yang di-Pertuan Agong, on the initiative of the Mufti or on the request of any person;
(c) to deliberate the opinion on Islamic Law, advice and recommendation made by the Muzakarah Committee on
the issues and questions on Islamic Law and the need for the issuance of fatwa;
(d) to draft and prepare the sighah fatwa; and
(e) other measures to ensure it functions effectively
The members position can be revoked by the YDPA
Request for opinion from the Mufti
the Mufti shall not be liable to be summoned to any civil court or Syariah Court to give opinion or evidence relating to Islamic Law,
but if in any court other than a Syariah Court any question of Islamic Law calls for a decision, that court may request the opinion of the Mufti on the question, and the Mufti may certify his opinion to the requesting court.
The court may request for the opinion of the Mufti in writing on Islamic Law, which serve as a guidance to the court but shall not be binding.
(3) The Mufti cannot be summoned to give an opinion or evidence relating to Islamic Law in any court.
Authorities to be followed
Guided by the accepted views (qaul muktamad) of the Mazhab Syafie in making fatwa
If qaul muktamad of the Mazhab Syafie will lead to a situation which is repugnant to public interest, the Mufti may follow the qaul muktamad of the Mazhab Hanafi, Maliki or Hanbali.
If none of the qaul muktamad of the four Mazhabs may be followed without leading to a situation which is repugnant to public interest, the Mufti may then resolve the question according to his own judgment without being bound by the qaul muktamad of any of the four Mazhabs
Introduces Procedure in issuing fatwa affecting national interest
Fatwa Committee finds that an issue or question on Islamic Law which in need for the issuance of fatwa affecting
the national interest, the Mufti may submit the issue or question to the Muzakarah Committee
Maintain qaul muktamad but breaks down Guide for issuing fatwa for
Syariah
Akidah
Sufism
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