15-10-2024
KOTA KINABALU : The Borneo NGOs who rejected the proposed Mufti Bill 2024, raised deeper concerns on its eventual impact following the Federal Minister Fahmi Fadzil's response yesterday to their earlier statement on 11 October 2024, that the Mufti Bill 2024 is similar to the Sabah Bill 2004.
In a joint statement issued here, the group of 12 highlighted that Fahmi's explanation ignored the main issue: the undemocratic nature of granting non-elected individuals power over citizens which infringes the Malaysia Agreement 1963 (MA63) and the Constitution.
The NGOs also supported Latheefa Koya, a prominent rights lawyer, who criticized the Mufti (Federal Territories) Bill 2024 for giving excessive control over Muslims’ lives and undermining the Yang di-Pertuan Agong, Malaysia's constitutional head of Islam.
They also argued that for over 61 years, religion has been used to undermine the Malaysia Agreement 1963 (MA63) for a secular multicultural system which have affected both Muslim and non-Muslim communities in Sabah and Sarawak. The consequent restrictions on individuals, communities, and businesses due to religious rules are serious breaches of civil and humans rights.
"We are concerned about why lawmaking power is being given to non-elected individuals when a structured system is already in place, with the King as the head of Islam, supported by an elected government.
"Such a move undermines democratic principles, raising questions about the true intentions behind these decisions," they pointed out.
The NGOs Key Concerns on the Mufti Bill, which potentially alters the Malaysia Agreement on which Malaysia was founded and the federal constitution are :
1. Constitutional Issues: The Mufti Bills propose creating a parallel religious authority that conflicts with Malaysia's constitutional framework, which is based on constitutional supremacy. Any laws contradicting this principle risk being unconstitutional.
2. Legal Gaps in Islamic Law: The lack of a specific legal framework in Islamic and Syariah law forces courts to reference foreign case law, which does not hold the same legal weight, limiting consistent interpretations in Islamic law.
3. Governance and Rule of Law: Elevating religious guidance to enforceable law could undermine the rule of law by challenging the constitutional role of Parliament as the supreme legislative body.
4. Judicial Role: The judiciary plays a crucial role in resolving disputes and ensuring laws like the Mufti Bills adhere to Malaysia's constitutional standards, maintaining checks and balances.
5. Constitutional Supremacy: Unlike the UK's parliamentary sovereignty, Malaysia's system requires that all legislative actions align with the Constitution, which takes precedence over any alternative religious rulings.
The NGOS affirmed their support for freedom of religion and belief as guaranteed by the MA63 and the Constitution.
"The misuse of religious laws has undermined Malaysia's secular, multicultural foundations, breaching fundamental rights and imposing rigid social practices.
"The Mufti Bill threatens to create a parallel legal system that challenges the rule of law and constitutional supremacy," they further said, adding it is crucial for the judiciary to ensure that any new laws comply with Malaysia's constitutional principles, balancing religious guidance with state governance.
The NGOs also feared that the new Bill was part of an overall agenda to replace the Malaysia Agreement federation concept with an Islamic state and, in effect, terminates the treaty by stealth.
"Termination of the international treaty will enable Sabah and Sarawak the right to review the relation with Peninsular Malaysia and seek the option of exit like Singapore," the NGOs added.
Related information:
https://www.freemalaysiatoday.com/category/nation/2024/10/12/mufti-bill-nearly-the-same-as-20-year-old-sabah-law-says-minister/?utm_source=whatsapp&utm_medium=share-button
https://www.cpiasia.org/index.php/268-e-media/2705-mufti-bill-creates-parallel-authority-alongside-agong
The Borneo leaders are :
Daniel John Jambun President Borneo's Plight in Malaysia Foundation (BoPiMaFo)
Robert Pei President Sabah Sarawak Rights Australia New Zealand (SSRANZ)
Peter John Jambun founder Saya Anak Sarawak (SAS)
Moses Anap President Republic of Sabah North Borneo (RSNB)
Dr Kanul Gindol Chairman Gindol Initiative for Civil Society Borneo
Timothy Jagak - Dayak Cultural Ambassador For Gabungan Orang Asal Sabah (GOASS)
Alim GA Mideh - Bulang Birieh Dayak Civil Movement
Jovilis Majami President Persatuan Pembangunan Sosial Komuniti Sabah (BANGUN)
Ricky Ganang Penasihat Forum Adat Dataran Tanah Tinggi Borneo (FORMADAT)
Cleftus Stephen Mojingol President Pertubuhan Kebajikan Rumpun Dayak Sabah (PKRDS)
Patrick Anek Uren
Voon Lee Shan President Parti Bumi Kenyalang (PBK)
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