18 April, 2012

Section 22A of Mufti & Fatwa (Kedah) Enactment - Another Law Similar To Those in States Under Taliban

I refer to amendments of the Mufti and Fatwa (Kedah Darul Aman) Enactment 2008 passed by the Kedah State Assembly yesterday.

A new section - Section 22A had been inserted in the enactment, which states that a fatwa decided by the mufti or Fatwa Committee, whether gazetted or not, cannot be challenged, appealed, reviewed, denied or questioned in any Civil court or Syariah court.

Kedah Gerakan Youth condemns the latest move by Kedah Pakatan government to enact such a law which undermines democracy and rule of natural justice in the state.

Under the rule of natural justice, any person deserves a right to be heard and appeal against any decision made affecting him or her.

It is also absurd that a fatwa that may affect Kedahans need not be gazetted. So, how would the public know exactly what “fatwa” has been made in Kedah under Pakatan government?

Democracy and rule of natural justice should be accorded to all Kedahans, whether they are Muslim or non-Muslims.

On “fatwa” that may indirectly affects non-Muslim, it is unfair that the matter cannot be challenged in a Civil Court, eventhough it affects them.

For example, if the Pakatan state issues a fatwa to ban Muslim from issuing license for the sale of alcohol based drinks and the local Muslim district officer forced to comply with the fatwa, a non-Muslim, who is affected may not be able to challenge the decision in a Civil Court.

This latest move by Kedah Pakatan government is yet another law similar to those seen in states under Talibans.

As such, Kedah Gerakan Youth demands Pakatan Rakyat national leaders to:-

(1) immediately stop Kedah Pakatan government from implementing the said Section 22A; and

(2) to review the said Section 22A without any further delay.