The Administration of Islamic Law in Malaysia

Practice questions covering the constitutional role of Islam, key administrative institutions like JAKIM and Syariah Courts, the fatwa process, and significant legal case studies in Malaysia.

Who is the Head of the religion of Islam in the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya?

The Yang di-Pertuan Agong (YDPA).

Under Article 38(2)(b) of the Federal Constitution, what is the role of the Conference of Rulers (Majlis Raja-raja) in matters of Islamic religion?

The Conference of Rulers (COR) shall agree or disagree to the extension of any religious acts, observances, or ceremonies to the Federation as a whole, such as determining the date of fasting.

Which federal institution is responsible for standardizing the administration of Islamic law between States?

The National Council of Islamic Religious Affairs Malaysia (Majlis Kebangsaan Hal Ehwal Agama Islam Malaysia).

What are the three main functions of JAKIM?

1. Drafting and Standardization of Islamic Law; 2. Coordination of Islamic Administration; 3. Coordination and Development of Islamic Education.

Identify the graphic requirements for a valid JAKIM Halal logo.

An eight cusp star at the center of a circle; the Arabic word for Halal at the center of the star; the word 'HALAL' in Roman alphabets below it; the word 'Malaysia' in Roman and Arabic within the circle; and two small five cusp stars separating the Roman and Arabic text.

What is the role of the Department of Syariah Judiciary Malaysia (Jabatan Kehakiman Syariah Malaysia - JKSM)?

To coordinate the administration of Syariah courts at the national level.

Which state was the first to establish a Council of Islamic Religion, and in what year?

Kelantan in 1915.

What is the functional difference between MAIS and JAIS in the state of Selangor?

MAIS (Council of Islamic Religion) is the religious authority and advisor to the Sultan, while JAIS (Department of Islamic Religion) is the implementing agency that enforces policies and Islamic law.

According to Islamic law mentioned in the notes, what is the shortest period of gestation required for a child to be considered legitimate after marriage?

$6$ qamariah months.

Under Section 34 of the Administration of Islamic Law (Federal Territories) Act 1993, when does a fatwa become binding on Muslim residents?

Upon publication in the Gazette.

What was the judgment regarding the term 'Islam' in Article 3 of the Federal Constitution in the case of Che Omar Che Soh v. Public Prosecutor [1988]?

The court ruled that 'Islam' or 'Islamic religion' in Article 3 means only such acts as relate to rituals and ceremonies.

What was the outcome of the Federal Court case 'A Child & Ors v Jabatan Pendaftaran Negara [2020]' regarding Section 13A of the BDRA?

The court held by a narrow majority of $4:3$ that Section 13A of Act 299 does not apply to the registration of births of Malay Muslim children.

In the case of Hjh Halimatussaadiah bte Hj Kamaruddin, why was the prohibition of wearing the purdah during office hours upheld?

The court held that Article 11(1) is not absolute and Article 11(5) allows for restrictions based on public order, health, or morality.

What principle was established in the case of Soon Singh a/l Bikar Singh v. Pertubuhan Kebajikan Islam Malaysia (PERKIM) regarding Syariah Court jurisdiction?

The Syariah Court may derive jurisdiction directly from Item 1 of the State List without express conferment from the State Legislature.

According to the case Myriam v. Mohamed Ariff [1971], which court's decision prevails in the event of a conflict regarding child custody?

The decision of the Civil Court prevails over the decision of the Court of the Kathi.