Contrary to popular perception, muftis wield no power and merely play an advisory role to the government in tackling social problems affecting the Muslim community.

Federal Territory Mufti Dr Yusof Hussain today said although they can issue fatwas (religious edicts), they lack the powers to enforce them without the cooperation of government agencies.

"There are 14 muftis, under the powers of the Sultan. We are tasked to look after the affairs of the Islamic religion and Muslims. It sounds like our responsibilities are wide, but we don't have any powers to enforce. Our role is merely advisory. That's it.

"Sometimes people listen (to our advise). But if when they do not want to listen, what more can we do?" he asked during a meeting with PAS Federal Territory liaison, Youth and Women's wings' representatives at his office in Kuala Lumpur.

However, he added that muftis are not standing idle, as claimed by their detractors, but have their own "quiet" ways of affecting things.

The PAS delegation, led by party commissioner Subky Latiff, submitted a memorandum urging the muftis to step up efforts to tackle social problems.

Non-existent powers

Elaborating, Yusof said muftis lack the legal sanctions to act against businesses and individuals that went against gazetted fatwas, as such enforcement powers lay with the respective state Islamic affairs departements.

Citing the example of a fatwa that had been gazetted prohibiting Muslim women from working as guest-relations officers, he said outlets continued to hire them in increasing numbers.

He said any actions on such businesses and individuals must be done carefully and with the cooperation of the state religious departements, which were themselves inadequate in terms of full-time enforcement personnel.

"Enforcement efforts by religious departments deal mainly with the vices, enforcement work that is carried out mainly by part-time officers such as mosque imams and officials.

"In the areas of halal and haram, our enforcement powers are non-existent," he added.

Tread carefully

In addition to the legal limitations, Yusof said muftis were also hampered by people's perception of their supposed role in society, which is made worse by the boldness of criminal elements in asserting themselves

"Traders nowadays are more gangsterish than before, they can even issue orders to the police personnel. What more when they see officers of a state religious department wearing white robes and skull caps?" he added.

Contenting that the muftis were not doing enough to tackle social problems, PAS vice Youth chief for the Federal Territory Kamaruzzaman Mohd said the mufti should set up a task force made of non-governmental activists as well as government and opposition party members.

In response, Yusof said muftis have to tread carefully and ascertain where their legal powers begin and where they end.

"People are intimidated when they hear anything about a body set up by muftis. Even with the national council of muftis, several situations have arisen... even slips of the tongue can become issues," said Yusof in reference to the protest over Perak mufti Hasussani Zakaria's declaration that Sure Heboh concerts were haram.