The Mufti Bill, as it is popularly known, will define the role and the responsibilities of the Mufti in the Federal Territories of Kuala Lumpur, Labuan and Putrajaya.

Among the duties written out in the Bill is that of the Mufti advising the King on Syariah Law (Section 4), the issuance of fatwas (Section 10), committees to check on fatwas (Section 7), lunar sightings (Section 22) and matters related to the Islamic religious education under Section 26.

The Bill has raised controversy especially regarding the adherence to the Sunni denomination and the al-Asyairah and al-Maturidiyah schools of theology. (See Below) 

The experts also point out that the Mufti Bill does not prevent legal challenges against rulings by the Mufti of Federal Territories.

They, however, call for the Bill to embrace the Federal Constitution’s principle of inclusivity by accepting other Islamic schools of thought to foster better unity among the Muslims in the country.

Clause by clause by constitutional experts

According to constitutional law expert Dr Muhammad Hameedullah Md Asri of Universiti Malaya, Clause (4) of the same Article allows the State law, or in the case of Federal Territories, federal law to control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam.

“This is akin to the freedom of speech, which too has a number of exceptions – it is not absolute freedom.

Some parties have said that the Bill is unconstitutional and threatens to undermine individual freedoms and human rights.

Constitutional experts say what is being proposed is to consolidate all matters related to Mufti and his institution into a single Act which will apply only to the Federal Territories.

They explain that although the Federal Constitution does guarantee freedom of religion under Article 11(1), there are provisions for the states to oversee and control the practice and propagation of the Muslim faith itself.