HomeNewsPress Statements Press release: Amendment to Mufti and Fatwa (Kedah Darul Aman) Enactment 2008 is unconstitutional and goes against the separation of powers
Press release: Amendment to Mufti and Fatwa (Kedah Darul Aman) Enactment 2008 is unconstitutional and goes against the separation of powers
Thursday, 07 June 2012 03:03pm
The Malaysian Bar views with grave concern the amendment made to the Mufti and Fatwa (Kedah Darul Aman) Enactment 2008 (“Enactment”) passed recently by the Kedah state legislative assembly. The amendment inserted an ouster clause into the Enactment by way of section 22A, which provides that notwithstanding any written law or rule to the contrary, a fatwa decided by a mufti or a fatwa committee, “whether gazetted or not, cannot be challenged, appealed, reviewed, denied or questioned” in any civil or Syariah Court.
The amendment is unconstitutional, as it purports to oust the jurisdiction of the Courts. Article 121 of the Federal Constitution does not confer upon any state legislative assembly the legislative power to enact laws that exclude the jurisdiction of the Courts.
The amendment also goes against the doctrine of separation of powers. In a modern democratic framework, each of the three main branches of Government — the Legislature, the Executive and the Judiciary — has its respective role. The raison d'être of this doctrine is to establish a system of checks and balances among the three branches, to prevent any form of abuse of power by any branch. With the amendment, however, fatwas in Kedah are made absolute.
The Malaysian Bar reminds members of the Kedah legislative assembly of the oath they took to uphold the Federal Constitution as the supreme law of the land. This amendment must not become or remain a law of the state, as it is contrary to that oath.
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The Malaysian Bar views with grave concern the amendment made to the Mufti and Fatwa (Kedah Darul Aman) Enactment 2008 (“Enactment”) passed recently by the Kedah state legislative assembly. The amendment inserted an ouster clause into the Enactment by way of section 22A, which provides that notwithstanding any written law or rule to the contrary, a fatwa decided by a mufti or a fatwa committee, “whether gazetted or not, cannot be challenged, appealed, reviewed, denied or questioned” in any civil or Syariah Court. 
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