Core character: As the official religion, Islam plays a significant role in shaping Malaysia’s identity and influences our cultural norms. — YAP CHEE HONG/The Star
IN recent weeks, the management of Islam in Malaysia has come into sharp focus, sparking confusion and debate among various segments of society. Given the significant role Islam plays in shaping Malaysia’s identity, it is crucial for Malaysians to understand the legal framework and institutional mechanisms governing Islamic affairs.
As the official religion, Islam not only influences cultural norms but also has a profound impact on governance and legal practices. This article briefly delves into the intricacies of how Islamic affairs are managed in Malaysia, providing clarity on the existing legal structures and institutional roles.
Malaysia’s unique identity as a multi-religious nation is intricately tied to its Islamic political landscape. With Muslims being the majority in the country, Islam significantly influences governance, social policies, and cultural practices. The management of Islamic affairs is structured around a framework that involves various state and federal institutions, reflecting the complexities of a society that tries to balance Islamic principles with modern governance.
Legal framework
The legal framework governing Islamic affairs in Malaysia is characterised by its dual legal system, which distinguishes between civil law and Shariah law:
1. Constitutional basis: The Federal Constitution acknowledges Islam as the religion of the Federation while safeguarding the rights of non-Muslims. Article 3 establishes Islam’s status, while Article 11 ensures freedom of religion for others, allowing the coexistence of multiple faiths. There are various constitutional provisions that provide for clear jurisdiction for legislating Islamic laws between federal and state legislatures (Article 74 & 75).
2. State jurisdiction: Islamic laws are enacted at the state level, granting each of Malaysia’s 13 states the authority to legislate their own Shariah laws. This decentralised approach allows for variations in practice and interpretation, influenced by local customs and beliefs while recognising the powers of the respective rulers of the State. List II (State List) of the 9th Schedule, of the Constitution explicitly states that states have jurisdiction over “Islamic law and personal and family law of persons professing the religion of Islam.”
3. Shariah courts: Shariah courts operate under the jurisdiction of state laws, dealing with matters such as marriage, divorce, and inheritance. However, they do not have authority over criminal law, which is handled by civil courts. Article 121A of the Federal Constitution clearly states that the civil courts shall have no jurisdiction in respect of matters of any matters within the jurisdiction of the Shariah courts.
Key institutions
The administration of Islamic affairs is managed through several key institutions, each playing a vital role in the governance and promotion of Islam:
1. Department of Islamic Development Malaysia (Jakim): Established in 1997, Jakim serves as the main agency for Islamic affairs at the national level. It is responsible for:
• Formulating national Islamic policies.
• Overseeing halal certification processes.
• Promoting Islamic education and values.
• Coordinating religious programmes and initiatives, such as Islamic lectures and community outreach.
2. State Islamic religious departments (Jain): Each state has its own Jain, which implements national policies locally and manages mosques and Islamic institutions. They address specific regional needs, engage with the community, and ensure compliance with state-specific Islamic laws.
3. National Fatwa Council: This council plays a crucial role in issuing fatwas – authoritative legal opinions on Islamic matters. These fatwas help clarify ambiguous issues, providing guidance on contemporary challenges facing the Muslim community, such as ethical dilemmas related to technology and modern living.
4. Islamic advisory councils: Various advisory councils provide strategic guidance on Islamic policy formulation. They include religious scholars, community leaders, and legal experts who contribute their expertise to ensure that policies align with both Islamic principles and societal needs.
Religious education
Religious education is central to the management of Islamic affairs in Malaysia. The government promotes a dual education system that includes both secular and Islamic curricula, aiming to foster a well-rounded populace.
1. Islamic schools: Numerous government schools (Sekolah Kebangsaan) provide primary and secondary education, integrating religious teachings with standard subjects. These schools aim to produce students who are both academically competent and grounded in the religion of Islam.
2. Higher education institutions: Universities and colleges offer programmes in Islamic studies, theology, and related fields. Institutions such as the International Islamic University Malaysia (IIUM) are prominent in fostering academic scholarship and research in Islamic jurisprudence and contemporary issues.
3. Training programmes for religious teachers: Initiatives like the National Religious Teachers Institute enhance the quality of religious instruction by training educators to effectively communicate Islamic teachings and address the complexities of modern society.
Muslims queueing to pay Zakat Fitrah at the Tuanku Mizan Zainal Abidin Mosque in Putrajaya. Zakat is a mandatory form of charity in Islam, and its collection and distribution are managed by state authorities. — FAIHAN GHANI/The Star
Community welfare
The management of Islamic affairs also encompasses community engagement and welfare programmes designed to uplift the socioeconomic status of Muslims.
1. Zakat (almsgiving): Zakat is a mandatory form of charity in Islam, and its collection and distribution are managed by state authorities. These funds support various social welfare programmes, including education, healthcare, and poverty alleviation.
2. Community programmes: Various initiatives promote community cohesion and social responsibility. Jakim and state departments organise events such as religious festivals, charitable drives, and interfaith dialogues to strengthen community bonds and mutual respect among different religious groups.
3. Islamic financial services: Malaysia has developed a robust Islamic banking and finance sector that operates in accordance with Shariah principles. This sector not only supports economic development but also aligns financial services with ethical and religious values.
Management challenges
Despite the structured framework, several challenges complicate the effective management of Islamic affairs in Malaysia:
1. Diversity of interpretation: Malaysia’s multi-ethnic society embraces various interpretations of Islam, resulting in differing practices and beliefs. While this diversity can sometimes create friction within the Muslim community and complicate efforts to establish a unified approach to Islamic governance, it also helps preserve the integrity and richness of Islam.
2. Balancing secularism and religious law: The dual legal system often presents challenges in balancing civil rights with religious obligations. Various issues, including perceived conflicts between secular criminal law and Islamic criminal law, as well as differing interpretations of how these laws should be harmonized, frequently spark debate.
3. Political influence: The intertwining of religion and politics can lead to the exploitation of Islamic issues for political gain. This politicisation risks undermining the integrity of Islamic governance and fostering divisions within society.
4. Globalisation and modernisation: Rapid globalisation and technological advancement pose challenges to traditional Islamic practices. Issues such as the impact of social media on religious beliefs and the rise of secularism require thoughtful engagement from Islamic authorities.
As Malaysia navigates the complexities of modernity, the management of Islamic affairs will remain pivotal in shaping a harmonious and inclusive society that respects its diverse religious heritage.
Through continued dialogue, education, and reform, Malaysia can strive towards a model of governance that balances faith with the demands of contemporary life.
Senior lawyer Datuk Seri Dr Jahaberdeen Mohamed Yunoos is the founder of Rapera, a movement which encourages thinking and compassion among Malaysians. The views expressed here are entirely his own.
