Federal Territory Mufti Dr Yusof Hussain was today taken to task over his explanation that structural and legal restrictions hamper muftis in carrying out their roles effectively.

Commenting on his statement to a delegation of PAS Federal Territory leaders yesterday that muftis can only play an advisory role, Jemaah Islah Malaysia (JIM) former president Saari Sungib said it all depends on the character and personality of the muftis.

"Even though the mufti is a political appointee, it's not the political structure or the laws that determine his role in affecting social change, but his personality. If he has the fear of God, knows his religion and knows what he will face in the Hereafter, he will not feel limited.

"If the mufti issues statements, views, or fatwas (religious edicts) on matters without fear of or favoring the menteri besar, cabinet, or prime minister - if he can give advice based on the Qur'an and the Sunnah (Prophetic traditions) - the voice of the mufti can be a powerful one even if it is just one sentence," he added when contacted.

Failed to act

Saari, a former Internal Security Act (ISA) detainee, noted that the muftis had even failed to act in regards with the controversial security law although it was clearly prohibited in Islam.

However, he said there were exceptions such as Perak mufti Harussani Zakaria who dared to express his stand on such issues as the ISA and Sure Heboh concerts despite the unpopularity of such views with certain groups of people.

Agreeing with Saari on the matter was current JIM president Zaid Kamaruddin, who said muftis should assert their independence despite their percieved limitations.

Citing the example of Harussani, Zaid said legal and structural limitations did not signify any loss of independence of views.

"The power of the mufti lies in his persuasive power with the people. If he feels strongly about something, he should call upon the other muftis and threaten to take drastic measures, such as resigning en bloc," said Zaid.

Holding true to Islam

President of the Muslim Youth Movement (Abim) Ahmad Azam Abdul Rahman said muftis have enough space already to increase the awareness of both Muslims and non-Muslims on the spirit behind fatwas issued.

"Once a religion becomes merely 'regimented', it becomes very superficial. It's only those who have self-awareness and are conscious of the reasons behind certain things in the religion who hold true to Islam."

In addition to his tremendous influence as a religious authority, the office of mufti can figure prominently in efforts to explain the spirit and reasoning behind religious edicts that would otherwise seem "restrictive" to non-Muslims and Muslims unfamiliar with Islam's vision as "a way of life," said Azam.

Citing the examples of the fast and the issue of tudung (headscarf), Azam said the mufti plays an important role in explaining and educating people on the profound and wider implications of such religious practices thereby curbing social ills.