Questions over who runs Islam in Malaysia
Lawyer Syahredzan Johan says Islamic authority lies with the state itself, while law professor Azmi Sharom says the sultans’ authority as constitutional heads of Islam may not necessarily overrule that of state religious authorities.
In a report today, Singapore daily The Straits Times said Malaysia’s nine Malay Rulers had been “flexing their muscles” since 2008, when Umno suffered serious electoral setbacks.
The rulers, who are the constitutional heads of Islam in their respective states, are responsible for appointing the muftis, who are the highest authority on Islamic law and practices in the state.
They also appoint the heads of the Islamic councils, who advise the rulers on the administration of the religion, the report said.
Each state meanwhile has its own Islamic department, with another for the three federal territories.
The daily said these departments have powers of enforcement and can punish or charge people with breaking Islamic laws.
This is unlike Jakim, which it said has no authority to regulate the Islamic affairs of each state.
It quoted constitutional lawyer Syahredzan Johan, who said: “Islamic authority lies with the state itself. Jakim has no power or jurisdiction over the various Islamic councils.”
Shariah lawyer Nizam Bashir meanwhile told the daily that the Federal Constitution gives the rulers the discretion to act on issues involving Islam and Malay customs.
Although the Islamic department comes under the chief minister’s office, he said, it was “wholly answerable to the sultan”.
The order from Johor ruler Sultan Ibrahim Sultan Iskandar for the state Islamic department to cease all communication with Jakim followed Jakim officer Zamihan Mat Zin’s criticism of the sultan over his rebuke of a Muslims-only laundrette in Muar.
Zamihan, who is Persatuan Ahli Sunnah Wal Jamaah (Aswaja) president, was arrested on Oct 11 and remanded for two days for investigations into a talk he gave at a mosque in Shah Alam on Oct 8 in which he apparently supported the operators of the laundrette in Muar and a similar establishment in Kangar, Perlis.
Sultan Ibrahim said Zamihan’s style of speaking was vain and conceited “as though only he was right and could deride other cultures”.
“I consider him to be merely an empty tin can without any brains,” the sultan added.
Universiti Malaya law professor Azmi Sharom however told the Straits Times that it was doubtful whether the ruler’s order for the Johor Islamic department to cease all ties with Jakim was binding.
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“The sultans need to be consulted before a new Islamic law is passed. But just how far and what kind of powers do they have over state religious authorities? Not so far as to make executive orders like that,” he was quoted as saying.