Untitled

INTRODUCTION

  • Universiti Sains Islam Malaysia: Represents the Islamic Science University of Malaysia focusing on the administration of Islamic religious affairs.

HISTORICAL BACKGROUND

  • Pre-Independence Administration:

    • Some form of religious administration existed before the country’s independence.

    • Islamic administration has evolved since the Malacca Sultanate to the current day.

    • Sultan's Rule: The Sultan ruled through discussions with state officers.

    • Key Roles in Early Administration:

    • Sultan: Primary authority.

    • Ulama': Religious scholars who provided counsel, referred to by various titles such as:

      • Guru

      • Sheikhul Islam

      • Majma’ Masyikhatul Islam

      • Komiti Syarak

      • Komiti Quran

EARLY FORMAL STRUCTURES

  • Unofficial Religious Bodies:

    • Supported by Mufti and Qadi, whose offices were created before Majlis Agama Islam.

  • Early Councils:

    • Establishment of Kelantan Religious Council in 1915.

    • Majlis Agama Islam Johor formed in 1925.

    • Various State Religious Councils formed in the 1940s and 1950s.

CONSTITUTIONAL BASIS OF RELIGIOUS COUNCILS

  • Federal Territories:

    • The Federal Parliament can legislate regulations for Islamic religious affairs and establish a Council to advise the Yang di-Pertuan Agong in matters related to Islam (FC: 3 (5)).

  • State Examples:

    • Kedah: Sovereign is head of the religion, with Majlis Agama Islam advising according to law (Kedah Constitution: 33 B (1)).

    • Negeri Sembilan: Establishment of Majlis Ugama Islam to aid and advise in all state religious matters (Constitution of Negeri Sembilan: 6 (1) (2)).

    • Sabah: Legislative Assembly to regulate Islamic affairs and constitute a Council to advise the Yang di-Pertuan Agong (Sabah State Constitution: 5 B (2)).

    • Terengganu: Head of Religion is His Royal Highness with advice from Majlis Ugama Islam dan Adat Melayu (Law Supplement to the Terengganu Constitution of 1911: 4 (1)).

GOVERNING LAWS FOR ISLAMIC AFFAIRS

  • Islamic religion governance encompasses not only Federal and State Constitutions but also various Acts and Enactments pertaining to Islamic law.

  • As Islamic law is primarily a state matter, separate legislation exists for each state and Federal Territories.

  • Types of Legislation:

    • Initially, there was a collective legislation, now followed by distinct legislations on various aspects of Islamic law.

EXAMPLES OF ACTS & STATE ENACTMENTS

  • All-in-One Legislation:

    • Acts for Federal Territories related to Islamic law and religious administration (e.g., Majlis Agama Islam).

  • Specific Legislation:

    • The Syariah Civil Procedure Enactment (Sabah).

    • Islamic Family Law (Federal Territories) Act 1984.

    • Syariah Criminal Offences (Federal Territories) Act 1997.

  • General Acts of Parliament:

    • Probate and Administration Act 1959.

    • Small Estates (Distribution) Act 1955.

    • Muslim Courts (Criminal Jurisdiction) Act (1955, amended 1984).

ALL IN ONE LEGISLATION

  • Religious and Islamic law administration was initially concentrated within Majlis Agama Islam under single legislation covering:

    • Syariah Courts

    • Fatwas

    • Islamic family law

    • Enforcement and prosecution

    • Mosques administration

    • Conversion processes

    • Religious education

    • Baitulmal, Zakat, Fitrah, Wakaf, Shariah legal profession, among others.

    • Example of state legislation: Selangor Administration of Islamic Law 1952 and 1989.

SPECIFIC ENACTMENTS ON ISLAMIC LAW

  • Syariah Criminal Procedure (Federal Territories) Act 1997:

    • Jurisdiction of shariah judges concerning criminal law.

    • Powers include:

    • Arrest

    • Compelling court appearance

    • Document production requests

    • Investigation and prosecution powers

    • Trial jurisdiction

    • Evidence and trial procedures

    • Case transfers

    • Judgement delivery methods and sentence provisions

    • Appeal procedures

    • Bail procedures

  • Zakat and Fitrah Enactment, 1993 (Sabah):

    • Definitions and preliminary provisions.

    • Establishment of Jawatankuasa Zakat & Fitrah.

    • Zakat characteristics and liable persons.

    • Assessment, collection, and recovery processes.

    • Offences and punishments associated with zakat.

    • Zakat fitrah provisions.

    • Appeal procedures related to zakat.

  • Islamic Family Law Enactment 2003 (Selangor):

    • Preliminary definitions.

    • Marriage and registration rules.

    • Dissolution of marriage provisions.

    • Maintenance responsibilities for wives, children, etc.

    • Guardianship and legitimacy of children rules.

    • Penalties established for violations.

PRESENT ADMINISTRATIVE STRUCTURE

  • Shift from a concentration of power in the Majlis Agama Islam to a new structure comprising:

    • Majlis Agama Islam: State Religious Council

    • Mufti Department

    • Shariah Judiciary Department

SEPARATE ADMINISTRATIVE FUNCTIONS

  • Majlis Agama Islam:

    • Advises Yang di-Pertuan Agong in religious matters.

    • General Islamic religious affairs management, excluding Islamic law (fatwa) and justice administration (Administration of Islamic law (Federal Territories) Act 1993, s. 31).

  • Mufti Department:

    • Focuses on the determination of Islamic law (fatwa).

  • Shariah Courts:

    • Manages the administration of justice in Islamic affairs.

FUNCTIONS & POWERS OF THE MAJLIS

  • Advises Yang di-Pertuan Agong or Sultans on religious matters.

  • Engages in economic and social development within the Muslim community.

  • Manages all money and funds of Baitulmal.

  • Establishes rules for the collection and distribution of Baitulmal properties.

  • Acts as sole trustee for all Wakaf properties.

  • Oversees all mosques and places of worship.

  • Determines, amends, and adjusts boundaries of any Kariah Masjid.

  • Appoints mosque officers (pegawai masjid).

  • Responsible for religious schools, conversion, and support for new converts (muallaf).

  • Promotes the Islamic religion.

  • Provides loans and scholarships to support education and well-being.

COORDINATION OF ISLAMIC LEGAL AND RELIGIOUS ADMINISTRATION

  • Given the state responsibility over Islamic law, governance differs between states and Federal Territories.

  • Formation of multiple federal institutions for coordination across states.

CONSTITUTIONAL BASIS & MECHANISMS

  • Constitutional provisions for uniformity include:

    • The Rulers can delegate YDPA to represent them in actions that affect the Federation (FC: Article 38 (2)).

    • Parliament can legislate for states to achieve a uniformity in laws, subject to state adoption procedures (FC: Article 76 (b)).

  • Establishment of National Council for Islamic Affairs by the Conference of Rulers, JAKIM, and JKSM by the Federal Government.

FUNCTIONS OF NATIONAL COUNCIL FOR ISLAMIC AFFAIRS

  • Advises and recommends on matters referred from the Conference of Rulers, State Government, or Majlis Agama.

  • Provides advice on Islamic laws and administration, promoting uniformity and quality in Islamic governance and education.

DEPARTMENT OF SYARIAH JUDICIARY (JKSM)

  • Objectives:

    • Supervise and coordinate Islamic law and Syariah courts administration.

    • Enhance Islamic judicial institutions.

    • Deliver uniform laws, a joint federal service scheme, handle appeals justly, and enhance technology usage.

DEPARTMENT OF ISLAMIC DEVELOPMENT (JAKIM)

  • Objectives:

    • Uphold Islamic teachings and promote unity among Muslims through effective planning.

  • Functions:

    • Formulate policies to advance Islamic affairs and protect the sanctity of Islam.

    • Draft and refine necessary laws and regulations, evaluating their implementation.

    • Implement initiatives to promote Islamic values within public administration.

    • Streamline enforcement of laws regarding Islamic affairs.

    • Assess the impact of Islamic programs, serve as an information center, and collaborate regionally and internationally.

OTHER ASPECTS OF ISLAMIC ADMINISTRATION

  • Islamic Religious Education: Governed by the Education Act 1996.

  • Halal Products: Covered by legislations, including the Food Act 1983 and Trade Description Act 2011.

  • Islamic Finance Legislation:

    • Islamic Banking Act 1983

    • Takaful Act 1984

    • Banking and Financial Institutions Act 1989

    • Islamic Financial Services Act 2013

    • Securities Commission Malaysia Act 1993