Malaysia’s Mufti (Federal Territories) Bill 2024: Sectarian or Crucial Step Forward?

On 2 July 2024, Malaysia’s Minister in the Prime Minister’s Department (Religious Affairs) Dr Mohd Na’im Mokhtar tabled the Mufti (Federal Territories, FT) Bill 2024 for its first reading in Parliament. The Bill addresses issues such as the mufti’s role in religious affairs and advising the King, details on the formation of the FT’s Fatwa Committee, and various committees, including for Islamic Astronomy and Moon Sighting, and the Islamic Religious Teaching Supervisory Committee. Other matters include the procedure for issuing fatwas, views regarding shariah law, and determining the direction of the Qibla (or kiblat, the direction in which Muslims pray).

Additionally, the Bill proposes that any Mufti of the FT, along with his deputy, must exclusively adhere to the Sunni creed. While this might appear to be sectarian in nature, this author views the Bill as an important step in curbing potentially dangerous ideologies such as Wahhabism, which is often associated with extremism. This could be the same reason the Mufti of Perlis, Dr Mohd Asri Zainal Abidin, was opposed to the Bill.

Section 3(2) of the Bill stipulates that a person is qualified to be Mufti or Deputy Mufti if they are a Malaysian citizen, a member of the Sunnah Waljamaah (Sunni creed) and possess expertise in Islamic law. Section 3(4) elaborates that a Sunnah Waljamaah member is one who adheres to the Qur’an and Sunnah on matters related to akidah (creed), shariah, and tasawwuf (Sufism).

While there is no official statement as to why such a law is needed, the position of any FT Mufti might be seen as influential as they will directly advise Malaysia’s King (the other states have their own rulers as heads of religion) on religious matters.

Asri — who is often perceived as Wahhabi-leaning — claimed in a Facebook post that the Bill “shackles people’s minds, robs them of intellectual and academic freedom, especially in the name of religion”. His opposition towards the Bill has created sectarian tension among Muslims in the form of public spats between netizens on social media. Founded in the late eighteenth century by Muhammad ibn Abdul Wahab of Saudi Arabia, Wahhabism is a puritanical, literalist, and revivalist ideology which tends to be rigid in practice. Wahhabis are known for their anti-Shi’a attitude and also adhere to takfir, or excommunicating other Muslims who do not follow their ideology.

The Madani administration appears to be committed to curbing Wahhabism and extremism.

Abdul Hadi Awang, President of Parti Islam SeMalaysia (PAS), has also criticised the Bill for its alleged sectarian nature and called for its revaluation, saying it is important to consider the diversity of schools of thought in Islam. Hadi is known for opposing sectarianism and recognises Shi’ism as a legitimate school of thought. Hadi’s view is considered non-mainstream in Malaysia, since minority denominations such as Shi’a and Ahmadi, and also the so-called “liberal Islam”, are considered deviant.

Asri, in contrast, is known for his sectarian tendencies. For example, he was named as a person of interest in the enforced disappearance of a Shi’a activist from Perlis, Amri Che Mat, on 24 November 2016. Asri is also often at loggerheads with Sunni clerics, including clashing in theological and jurisprudential debates with the President of the Malaysian Sunni Organisation (ASWAJA), Zamihan Mat Zain, in 2016, Dr Abdul Rahman Osman, former Mufti of Pahang in 2019, and Azhar Idrus, a famous preacher from Terengganu in 2023.

While Asri has described the Bill as rigid and misaligned with the values of Madani, Sunni authorities have been rallying public support for it. Supporters include the Malaysian Islamic Dakwah Foundation (YADIM), ASWAJA, the Malaysian Organisation of Sunni Scholars (ISLAMI), Rabithah Alawiyah Malaysia (RAM), and Muftis from other states such as Dr Asmadi Mohamed Naim (Pahang), Syeikh Fadzil Awang (Kedah), and Dr Anhar Opir (Selangor).

The Mufti of Sabah, Bungsu Aziz Jaafar, also said that the Bill was intended to curb extremism and maintain moderation among Muslims. Sunni Islam is often described as a moderate school of thought. Bungsu Aziz Jaafar’s view is particularly important as Wahhabism is on the rise in Malaysia. In October 2023, the Mufti of Perak, Wan Zahidi Wan Teh, warned that the growing acceptance of Wahhabism was a big challenge.

Malaysian authorities linked the recent attack on a police station in Ulu Tiram, Johor on 17 May 2024, to Wahhabism. While the attacker acted alone, he was believed to have connections to Jemaah Islamiah (JI). Five of his family members were arrested and charged in court for supporting terrorism. According to terrorism expert Dr Mohd Mizan Mohd Aslam, one of the family members was of the view that government schools were un-Islamic.

The Madani administration appears to be committed to curbing Wahhabism and extremism. For example, the Grand Mufti of Al-Azhar, Dr Ahmad Muhammad Ahmad At-Tayyeb visited Malaysia from 2 to 5 July 2024 at the invitation of Prime Minister (PM) Anwar Ibrahim. This engagement is a sign of the Madani government’s desire to embrace moderate Islam.

In this author’s view, the Mufti (Federal Territories) Bill is the next step forward in weeding out extremism, particularly from within the religious establishment. However, while Mohd Na’im expected that the second and third readings of the Bill would be scheduled for the current sitting of Parliament (which ends on 18 July 2024), PM Anwar has announced that the Malay Rulers need to be consulted, thus potentially delaying the Bill’s passage. This roadblock is likely due to Asri, who stated that Perlis Sultan Tuanku Syed Sirajuddin Tuanku Syed Putra Jamalullail did not want the Council of Rulers to be involved. It would be a setback for the PM’s Madani initiative if this hurdle ends up blocking the Bill’s passage into law.

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