Thursday, November 27, 2008

Malaysia's Anti-Yoga Fatwa Raises Controversy Over Jurisdiction

A controversial ruling issued last week by Malaysia's National Fatwa Council is now creating a jurisdictional controversy in the country. Yesterday's Red Orbit and today's Malaysian Insider report on developments. The focus is a ruling telling Muslims to stop practicing yoga, out of fear that it could lead them to deviate from Islamic teachings. (See prior posting.) However, Malaysia's Prime Minister Datuk Seri Abdullah Badawi stepped in and told his countrymen that they could continue the popular practice, so long as they did not accompany yoga exercises with Hindu mantras. This, in turn, however led to objections from Sultans in various Malaysian states that it is the Sultans and the King that are in charge of religious affairs in the country, not the Prime Minister.

The Sultans in an unusual move though also criticized the Fatwa Council, saying that any fatwa on public matters should be brought to the Conference of Rulers before being issued. Brunei News yesterday interviewed Malaysian constitutional law expert Prof. Shad Saleem Faruqi who said that the Conference of Rulers has the right to discus any issue of national policy, but that it is not required to vet every fatwa.

The fatwa on yoga follows another controversial one barring Muslim women from wearing trousers on the theory that they might become sexually active "tomboys". Rulings by the National Fatwa Council are only advisory until they are published in the official gazette for each state. Only then do they become binding law. So far the fatwa on yoga has not been gazetted anywhere.