THE ADMINISTRATION OF

ISLAMIC LAW IN MALAYSIA

Historical development of Islamic law
before independence
Position of Islamic law before the coming
of British
Position of Islamic law during British
colonisation
 Heads of the Religion of Islam
Article 3 of the Federal Constitution
The YDPA is the Head of religion of Islam
in his own State and States not having a
Ruler (Malacca, Penang, Sabah, Sarawak
and Federal Territories of Kuala Lumpur,
Labuan and Putrajaya.
Section 1(2)(d) of Eighth Schedule in the
Federal Constitution
The Ruler is the Head of Islam.
 Heads of the Religion of Islam
The YDPA is advised by a Council in
matters relating to the religion of Islam.
Rulers are aided and advised by the Council
of Islamic religion in matters relating to the
religion of Islam.
Rulers are aided and advised by the Muftis
in matters relating to the Islamic law.
Conference of Rulers (Majlis Raja-raja)
Consists of the nine Malay Rulers and the
four Yang di Pertua Negeri (Malacca,
Penang, Sabah, Sarawak).
Article 38 (2)(b) of the Federal Constitution
In matters of Islamic religion, the COR shall
agree or disagree to the extension of any
religious acts, observances or ceremonies to
the Federation as a whole.
E.g. determining the date of fasting and the
dates of Muslim festivals
The COR is advised by the National Council of
I slamic Religious A ffairs Malaysia (Majlis
Kebangsaan Hal Ehwal Agama Islam Malaysia).
 Islamic Institutions at Federal level
The National Council of Islamic Religious
Affairs Malaysia (Majlis Kebangsaan Hal
Ehwal Agama Islam Malaysia).
Has a duty to discuss and give advice to the
COR, any State government or State Council of
Islamic religion on Islamic law matters,
administration of Islamic religion and Islamic
education.
The objective of the National Council is to
standardise the administration of Islamic law
between States.
 Islamic Institutions at Federal level
The National Council of Islamic Religious
Affairs Malaysia (Majlis Kebangsaan Hal
Ehwal Agama Islam Malaysia).
The National Council has established
technical and working committees to prepare
draft legislation on Islamic law for the COR so
that the draft legislation would be subsequently
adopted by States.
 Islamic Institutions at Federal level
Department of Islamic Advancement of
Malaysia (Jabatan Kemajuan Islam
Malaysia) (JAKIM)
JAKIM is a federal agency in the management
of Islamic matters and development of the
Muslims.
It is under the authority of the Prime Minister’s
department and enforces the policies of the
National Council of Islamic Religious Affairs
Malaysia.
In the aspect of Islamic law, JAKIM assists in
the legislation and standardisation of Islamic
law. JAKIM also standardises the mechanisms
in enforcing Islamic law.
 Islamic Institutions at Federal level
Department of Syariah Judiciary Malaysia
(Jabatan Kehakiman Syariah Malaysia)
(JKSM)
JKSM was established by the Federal
Government in 1998.
It is under the authority of the Prime Minister’s
department.
The role is to coordinate the administration of
Syariah courts at national level/
It assists States with a joint service for Islamic
Affairs Officers. The joint service is headed by
a Chief Syariah Judge of Malaysia.
 Islamic Institutions at Federal level
Department of Syariah Judiciary Malaysia
(Jabatan Kehakiman Syariah Malaysia)
(JKSM)
The result of the joint service is the
establishment of only one panel of Syariah
judges forming the bench of the Syariah Appeal
Court to hear appeals from lower Syariah
Courts of different States.
As Islamic law matters are State matters, it is
up to the States to join the joint service.
 Islamic Institutions at Federal level
Syariah section, Research Division,
Attorney General’s Chambers
It provides legal advice from the Islamic law
perspective to the government and its agencies.
I t gives comments from I slamic law
perspective on legal documents such as
international conventions, muamalat contracts
and proposed legislations.
It conducts studies on whether the
implementation of federal law would be in
c o nf li c t with I slamic law and pro po se s
amendments, if necessary, to bring the law in
line with Islamic law.
 Islamic Institutions at State level
Council of Islamic Religion (Majlis Agama
Islam)
Under the Head of the religion of Islam.
Kelantan was the first State that established a
Council of Islamic Religion in 1915.
Various roles
sections 4-31 of the Administration of Islamic Law
(Federal Territories) Act 1993
See Dr Farid Sufian’s book, pp. 19, 20
 Islamic Institutions at State level
Department of Islamic Religion (Jabatan
Agama Islam)
Is established under the State government.
Enforces the policies of the Council of Islamic
religion.
Enforces Islamic law and takes action against
Muslims committing offences against Islamic
law.
 Islamic Institutions at State level
Syariah Courts
Are placed within the authority of States.
Hear d isputes in matters over whic h the
Syariah c our ts have jurisd ic tion, namely
Islamic law matters.
Fur the r d e tails will be c ove re d in future
lectures.
 Islamic Institutions at State level
State Department of Syariah Judiciary
(Jabatan Kehakiman Syariah Negeri)
Administers the Syariah courts in the State.
The Department manages the following :
1 ) r e g i s t ra t i o n o f m a l , c r i m i n a l a n d
inheritance cases,
2) the proceedings of mal, criminal and
inheritance cases,
3) the orders of Syariah courts,
4) the process of appeal, and
5) the issuance of inheritance certificate.
THE END

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