I am commenting on yesterday's article by Latheefa Koya which appeared in Malaysiakini.
https://m.malaysiakini.com/columns/722135
Unconstitutional FT Mufti Bill must be withdrawn
Latheefa Koya
Oct 10, 2024
COMMENT | I refer to the Mufti (Federal Territories) Bill 2024, which is to be tabled when Parliament opens on Monday.
This bill has serious implications and consequences for Muslims in this country.
Firstly, clause 4(1) of the bill makes the mufti the “chief authority” on matters of Islamic law in the Federal Territories, next to the Yang di-Pertuan Agong.
This derogates from the position of the king as the head of Islam in Malaysia as provided for in Articles 3(5) and 34(1) of the Federal Constitution. There cannot be two “chief authorities” on Islamic matters in the Federal Territories.
(OSTB : I have been saying this again and again. There is not only a continuous attempt to dilute "the position of
the king as the head of Islam in Malaysia as provided for in Articles
3(5) and 34(1) of the Federal Constitution" but of the Constitutional jurisdiction of the Malay Rulers over religious matters in this country. The politicians want this power for themselves).
Under this new law, the mufti can, through the issuance of binding fatwas, interfere in the daily life of Muslims and their right to practice their religion according to the Quran and Hadith.
The mufti is appointed upon the advice of the minister, and therefore the federal government will obtain wide power and authority over every aspect of the religious practices of Muslims in this country once the bill is law.
(OSTB : Well actually the Bill will cover only the Federal Territories - KL, Putrajaya and Labuan - but effectively the States run by the ruling coalition will most likely adopt this legislation by pushing it through their State Assemblies).
This is not the role envisaged for the federal government under our Constitution. It is against the basic structure of our Constitution and, thus, unconstitutional.
Unfettered powers
The mechanism of control is the unprecedented new type of fatwa provided in clause 11 of this bill. It prescribes that a fatwa issued by the mufti as chairperson of the Fatwa Committee “shall be binding” on every Muslim. There is no exception or qualification.
This is a huge departure from the current legal position of fatwas, where Section 34(3) of the Administration of Islamic Law (Federal Territories) 1993 contains an exception for departure from a fatwa in matters of personal observance, belief or opinion.
The edict of a mufti under the proposed bill is iron-clad and immutable.
Consequently, the offences already enumerated in the Syariah Criminal Offences (Federal Territories) Act 1997 may be widened by the operation of the Mufti (FT) Bill 2024 to cover almost every aspect of a Muslim’s social, economic and political life.
In other words, any fatwa on any aspect made by the mufti can potentially give rise to an offence under the Syariah Criminal Offences (FT) Act 1997. Thus, the bill will lead to the unfettered increase of the types or categories of offences enforceable against Muslims.
All this has far-reaching consequences for the country. While this bill is confined to the Federal Territories, similar laws are bound to be adopted throughout the states.
It will give power to the government through the mufti to control or police every aspect of the life of Muslims in this country. For example, what Muslims wear, where they eat, who they associate with or how they interact with fellow Malaysians may all be subject to such fatwas, which will be enforceable.
No government should have such powers over its people in a democracy, purportedly under the guise of religion.
Blank cheque for unelected official
To make things worse, by clause 8(b), the mufti may, on his own “initiative” without any direction from the Agong, issue fatwas. This is a blank cheque given to the mufti, who is an unelected official, to govern and direct the lives of Muslims.
(OSTB : This fits in with the general predilection of the religious fraternity anywhere in this world who do not really like "democratic systems" where laws are passed by elected representatives in a Parliament or an Assembly. Around the world groups like Al Qaeda, ISIS, Hizbut Tahrir have made it clear that they want only shariah without the endorsement of any democratic institutions - to achieve exactly the same thing that Latheefa Koya has pointed out - so that the "unelected officials and mullas, can govern and direct the lives of Muslims").
Clause 7(2) of the bill also provides for a representative from the Attorney-General’s Chambers “who is a Muslim” to sit on the Fatwa Committee.
It is shocking to see such a clause in a federal bill presented by the government; 67 years after Merdeka, they still divide us by religion and race.
It is in breach of Article 8 of the Federal Constitution for any appointment from a federal body such as the AGC to be reserved to a person of a particular religion.
(OSTB : I suppose they will need some sort of 'Halal Sticker').
It is also plainly absurd, as the Bill itself will be debated and voted upon by non-Muslim MPs in the Dewan Rakyat as well as Muslim MPs.
(OSTB : Havent you heard? There are also many stup_d Chinese and stup_d Indians in Parliament. They are actually waiting to approve this Bill. Nailing themselves inside the coffin).
The Chinese and Indian MPs in Parliament dont give a hoot about the effect of this Bill because of this next point by Latheefa Koya: In conclusion, this Mufti Bill poses a clear and present danger to the right of Muslims in Malaysia to practice their religion and carry on daily life without interference from the government or unelected religious officials.
(OSTB : This Bill affects only the Muslims (up to this point in time) so the Chinese and Indian MPs in Parliament are probably thinking "ini Melayu punya pasal lah, bukan kita punya pasal". Well you just wait and see what will happen to this country).
I urge the government to withdraw this bill for further consideration and throw out the offending clauses.
(OSTB : Not likely at all. They will not withdraw this Bill. The problem is not the gomen but the Malay community. Do read on).
If the government attempts to proceed with the reading and debate of the bill in Parliament next week, MPs must, in good conscience, overwhelmingly reject the bill.
In this regard, the silence and timidity of the DAP and Sabah and Sarawak MPs on this bill is greatly disappointing.
I urge them to act for the good of the people and to uphold the Constitution, as they have sworn to do.
(OSTB : I dont think so. The non-Muslim MPs from Sarawak and Sabah plus the DAP MPs just have no cojones. They will all toe the line like idiots and pass the Bill. Not really thinking about the type of damage this Bill will do to the future of this country).
CONCLUSION : This is a direct attempt to destruct or de-construct democratic process in the country. Indeed an "unelected official" is being given the power to make legally binding laws without having to refer to an elected Legislature like the Parliament.
But that is not the worst problem. The bigger problem is that ONE SINGLE OFFICIAL (the Mufti) will be given this power. This goes totally against our democratic process where laws can only be passed inside Parliament when a majority of Members of Parliament vote in favour of a Bill. Technically that means at least 112 MPs in our 222 seat Parliament. All that will be usurped by just ONE UNELECTED OFFICIAL. All you need is one Rasputin to become the Mufti and we can become bears dancing in a circus (or bears locked up in a cage).
But the problem here is the Malay people. Or Malay society. This Bill is undergoing its 'second reading' in Parliament. This Bill was first introduced by the earlier Perikatan Nasional gomen (PN). You would assume that the Pakatan Harapan gomen (PH), being opposed to the PN gomen (which is why they defeated the PN at the polls in the first place) would GET RID OF any new Bills which had been proposed by the PN gomen. But no. The PH is carrying the torch that was lit by the PN.
So it looks like as far as the Malays are concerned it does not make any difference whether it is the PH or the PN that is in power.
For example the PN gomen abolished the UPSR and the PMR exams in our education system - thereby destroying further chances of Malays getting a headstart through the school system. Malays are going to perform even worse in school now. Just wait and see.
But what did the new PH gomen say? 'We will continue with the decision made by the PN gomen to abolish the UPSR and the PMR exams". Well anak-anak Melayu, welcome to the gig economy, no EPF, no value added skills, no promotions, no salary increments, no future for you. But you can join the parade on Merdeka Day, wearing your gig economy uniforms !!
And in the same way the PH gomen is going through with this Mufti Bill that was crafted by the previous PN gomen. So apa beza antara PN dan PH? Dua kali lima sahaja.
The Mufti Bill is indeed a control mechanism. It is meant to control the religious preferences of the Malays. The religious preferences of the Malays shall be subject to the Mufti Bill.
I am convinced that this Mufti Bill was first proposed by the ostard wal retard types. There are things happening among the Malays that is typical of Muslims all over the world. There are a hundred different varieties of religion that are popping up everyday. You have the crazies like that 'ostard liwat' fellows who were arrested recently.
But those are the fruit cakes. Surprisingly other ostard wal retards were quite sympathetic towards them. Until DYMM the Sultan of Selangor had to issue a public decree that he wanted action against those fellows to be speeded up.
Then there is also the issue of the Salafis / Wahabis who are becoming quite the nuisance in the country. The ISIS, the Taliban are all Salafis / Wahabis. They are much worse than the Mufti Bill. Actually the Mufti Bill in a way is designed to keep the Salafis / Wahabis in check.
For example the recent hue and cry over the qualifications needed BEFORE a person can be appointed a Mufti. Recall the thing about Asyairah, Maturidiyah etc as necessary pre-qualifications to be appointed a Mufti? Well Asyairah and Maturidiyah are NOT Salafi / Wahabi.
There are many great dangers and threats posed by religion. Religion can be easily hijacked by the retard types. Need I mention the 'ostard liwat' fellows again?
And when the gomen decides to favour one flavour of religion over another, the one that is in favour tends to become head-swollen and start dictating this and that, controlling this and that, especially when money is involved. No money no religion - it means sooner or later the retards will use religion as a money making venture. Need I mention the 'ostard liwat' fellows again?
And from what we hear, here and there, the zakat collection "industry" in this country has become quite the money sucking swamp. The gomen is not paying enough attention to the rumours that we hear. Maybe they do not want to pay attention.
To get back on track, religion is not something that you want to control, standardise, streamline or "enforce" through laws. Time and again throughout Islamic, Christian, Jewish and the histories of other religions 'sectarianism' and religious schisms have been unavoidable. Sectarianism and schisms are part and parcel of religion.
Therefore if you want civil wars in your country, if you want sectarian fighting in your country, if you want to burn your country down then the easiest method is to 'legislate religion' or 'control the peoples religious beliefs and practises'.
This is the easiest but longest lasting method of burning down the Islamic countries. Go ahead. Burn your country down.
Other countries pass Bills and laws in their Parliaments which adds to their economic growth, which improves their GDP. In this country these donkeys pass really stupid, idiotic and useless laws that have the potential someday to burn this country down. Brader, is it true DNA hangpa memang terencat ke? Bodoh is part of your darah daging ke? Wild horses? Kuda liar?
Muslims in Indonesia, Singapore, the US, UK realise that under the law they must learn to live with other religious sects and with other religions. So people respect their neighbours regardless of their religious sect or belief. In Singapore, Australia and other "peaceful" countries there are Shias, Sunnis, Sufis etc who mingle freely and without any problems. They are too busy earning a living than to worry about their neighbour's religious sect.
This is what Malaysia should aspire to become soon. So we really do not need useless laws like this Mufti Bill which will also be politicised by the politicians for their own political survival. Usually by chanelling public funds (our money) for "religious purposes". Remember 'No money no religion'.
