Here is the full text of the decree of His Royal Highness the Sultan of Selangor Sultan Sharafuddin Idris Shah Alhaj, chairman of the Malaysian National Council for Islamic Religious Affairs (MKI) in conjunction with the 71st MKI meeting on February 15, 2024.
INTRODUCTION
First of all, let us together express our gratitude to Allah because with His permission and grace, MKI was able to convene for the 71st time.
We are grateful as with the unity of efforts, ideas and thoughts of all members of the MKI at this meeting, many important decisions have been made for the benefit of Muslims in Malaysia.
As the authority for the coordination of Islamic affairs between the Federation and the States, We hope that this MKI meeting today can make decisions on some important and current issues and approve some programs that can benefit Muslims in Malaysia.
STRENGTHENING UNITY AMONG PLURAL SOCIETIES
MKI was established 56 years ago to strengthen the administration of Islamic affairs between the Federation and the States. Since We was appointed chairman of MKI, We have always thought about the importance of unity among Muslims. We have also emphasised that Muslims can live in peace and unity with non-Muslims in Malaysia.
We believe that one of the sources of strength that needs to be shared among the people in this country is the practice of goodwill, unity, mutual respect and helping each other. Wet coincides with the teachings of Islam which strongly emphasizes the aspects of peace, understanding and love in the community to form a peaceful, harmonious and prosperous life.
We call on Muslims in this country to continue to strengthen their commitment to unity and brotherhood which has been at the core of the country’s progress. Indeed, the strong roots of brotherhood among the Muslim community can generate success and excellence for the prosperity and sovereignty of the country.
Based on that desire, disagreements and disputes that arise in the community regarding any issue, need to be managed with full order, the height of wisdom and be fair to all parties.
Thankfully, the controversy over the use of the word ‘Allah’ has already been dealt with by the MKI with the approval of the Council of Rulers has decided on a ruling and a basic decision related to this matter.
Beta hopes that legislative action related to the issue of the word Allah can be completed by the relevant ministries and agencies through policy decisions finalized at the level of the MKI and the Council of Rulers.
DRAFTING OF THE LAW OF SYARIAH CRIMINAL OFFENSES
As we are aware, on February 9, 2024, the Federal Court through an 8-1 majority decision declared that 16 syariah criminal offenses in the Enactment of the Kelantan Syariah Criminal Code (1) 2019 are null and void on the grounds that the Kelantan State legislative assembly has made laws it does not have the power to make and the essence of those sections is about matters under the Federal List, which in principle only Parliament has the power to make.
The Federal Court in deciding that the legal principles used in interpreting the resulting issue are clear and established. Indetermining whether a law made by Parliament, or the state legislative assembly is valid or not and falls within the limits of its legislative powers, the test used is to look at ‘pith and substance’ or in other words the ‘essence’ the provisions in question.
If in essence, the provisions made by th state legislative assembly are included in the Federal List, then the state legislative assembly does not have the power to make such laws. This can be seen in Detail 1 of List Wel (State List), Ninth Schedule of the Federal Constitution which provides that the state legislative assembly is empowered to make laws for the creation and punishment of offenses committed by people who follow the religion of Islam against the religious order except in relation to matters included in the Federal List whose legislative power is Parliament.
Various parties, especially politicians, legal practitioners, academics and ordinary people make various comments and interpretations of the decision of the case. There are comments that give a real explanation of the effect on the decision of the case.
However, there are also comments based on the polemics of the interests of certain parties, causing various confusion to Muslims in this country. In fact, some have described the decision of the Federal Court as a “Black Friday” moment for Islamic Syariah criminal law in this country.
We do not intend to be involved in the controversy.
In my opinion, all parties should respect the decision of the Federal Court and the position of the Federal Constitution as the main law of the country should always be supported by Malaysians.
In dealing with this issue, what is more important is our efforts in finding a way to overcome all the problems that arise by studying the method of expanding the competence of the state legislative assembly to enact Syariah criminal laws within the framework set by the Federal Constitution.
These efforts include examining if there is a need to propose amendments to certain provisions of the Federal Constitution and/or related Federal laws, to ensure that the power of the state legislative assembly to enact Syariah criminal laws is clearly enshrined in the Federal Constitution without any ambiguity.
We have been informed that the Special Committee to Study Issues Related to the Competence of the State Legislature to legislate Islamic law which was established at my behest during the 70th MKI meeting on August 28, 2023, is examining this arising issue.
We have also been informed that there are four main issues identified by the special committee to be examined which are:
- a) identify issues related to the competence of the state legislative assembly to enact Islamic law as well as the jurisdiction of the Syariah Court as provided under Item 1 of List I, List of States to the Ninth Schedule, Federal Constitution;
- b) carrying out a review of issues related to competence including analysis of existing legal provisions in a comprehensive manner, studying the decisions of the highest court and discussing the issues in detail;
- c) propose and make recommendations on the best and most harmonious method of coordination on the issue of competence of the state legislative assembly to enact Islamic law as well as the jurisdiction of the Syariah Court in accordance with the Federal Constitution; and
- d) study the method of empowering the jurisdiction of the Syariah Court
This Special Committee is given a period of one year from the date it was established to provide any recommendations to the MKI and then be appointed to the Council of Rulers to be refined and approved.
We call on and urge all parties, including legal experts to help this Special Committee by providing knowledgeable, insightful and practical suggestions to make it easier for this Special Committee to carry out their duties.
We understand that it is a heavy trust that this Special Committee must shoulder. But We believe that with the experience and qualifications of the members of this Committee and with the permission of Allah a solution can be reached for the benefit of all parties, especially Muslims in this country.
Meanwhile, We call on all parties, especially Muslims, to remain calm and not cause any commotion while waiting for the recommendations from the Special Committee.
In addition, one of the agendas for the empowerment of sharia legislation and judicial institutions is through increasing the professionalism of knowledgeable, competitive and integrity human capital to achieve holistic human capital development.
It is understood that to achieve this goal, the Malaysian Syariah Judicial Academy (AKSM) has been established. We were informed that the desire to establish the AKSM started two decades ago during the 19th Syariah Judges’ Meeting in 2001.
Later, the desire was approved through the 48th MKI meeting and the Council of Rulers that convened in 2009.
The creation of AKSM will continue based on two new options, namely by applying for the construction of AKSM through Rolling Plan 5 (RP5 Year 2025, the 12th Malaysian Plan) and its operation through the 2024 Budget Initiative announced by Prime Minister Datuk Seri Anwar Ibrahim during the presentation of the 2024 Budget on October 13, 2023.
AKSM will be created on an interim basis first by using the injection of the 2024 Budget Initiative.
ISLAMIC EDUCATION INTERVENTION
One of MKI’s areas of focus since its inception is Islamic education. Once upon a time, a tendency and trend began to emerge among the Muslim community in Southeast Asia to send young people to further their studies at Islamic study and tahfiz centres abroad, while in this region, Malaysia has a good reputation in terms of the development of Islamic knowledge
. Based on these circumstances, the idea of establishing a body that tries to coordinate and elevate the Islamic education and learning system, especially for educational institutions that are not under the Education Ministry (KPM), was born.
The body, formerly known as the Islamic Religious Education Coordination Board and Advisory (LEPAI) was empowered in line with the new structure of MKI and renamed the National Weslamic Education Coordination Committee.
Among the challenging issues in the field of Islamic education are the coordination of the religious school curriculum, the qualifications of teachers, the issue of infrastructure facilities in private schools and the tahfiz and pondok study system.
Wet also includes opportunities for children studying in private Islamic educational institutions to further their studies and their marketability in the field of employment. Based on the above, many results have been achieved in the field of Islamic education, including the formation of the Dini Integrated Curriculum (KBD) and Tahfiz Integrated Curriculum (KBT).
At this point, KBT is recognized as a mainstream curriculum at the secondary school level under the Ministry of Education and Culture. Efforts continue to be made continuously to add value in Islamic education when the Malaysian Islamic Development Department (Jakim) develops the National Tahfiz Education Policy (DPTN) and the DPT Action Plan.
Through this DPTN Action Plan, the Tahfiz Intervention Model for private tahfiz students to follow mainstream classes and register as school candidates to sit for the Sijil Pelajaran Malaysia (SPM) examination was successfully realized. Be informed that there are four Malaysian tahfiz education models, namely the science tahfiz model, the religious tahfiz model, the TVET tahfiz model and the tahfiz intervention model.
We hope that the religious authorities in the states can choose the tahfiz education model that has been prepared considering the opportunity to further their studies in the future as well as offer career fields that are of interest to the current generation of young people.
Wen addition, We hope that emphasis will be given to Arabic language subjects in these four models of tahfiz so that tahfiz students who are born later will not only be fluent in memorizing the Quran, but they will also be skilled in giving accurate interpretations to the holy verses of the Quran.
SOCIOECONOMIC EMPOWERMENT OF THE COMMUNITY
Since its establishment in 1968, MKI has successfully introduced various new initiatives that boost the country’s economic development, especially in relation to the socioeconomics of the community. The establishment of an Islamic Bank, the use of the “halal” label, the creation of the Malaysian Islamic Economic Development Foundation (YaPEWeM) and the orderly management of Baitulmal are examples of reforms brought by MKI and all these initiatives are based on the principle of maqasid sharia
The success of various ummah socio-economic initiatives initiated by MKI proves that a more inclusive or comprehensive approach to national economic development can benefit Muslims as a whole.
Looking at the current situation, zakat and waqf are instruments that can reduce the significant economic gap and directly help Muslims in Malaysia. Be informed that the total collection of zakat throughout Malaysia in 2022 is RM4.27 billion while the total collection of cash waqf is only RM106 million. The large difference between the amount of zakat collection and collection through waqf worship justifies a new approach to be taken to increase cash waqf collection for the benefit of Muslims in this country.
EMPOWERING WAKAF MANAGEMENT IN MALAYSIA
The establishment of the Waqf, Zakat and Haj Department (Jawhar) in 2004 and Yayasan Wagaf Malaysia (YWM) in 2008 has further accelerated the implementation of waqf land development activities and economic-social waqf financing in this country.
The cooperation and strategic collaboration of these two federal agencies with the State Islamic Religious Council (MAWeN) has created 18 waqf land development projects throughout the country since the 9th Malaysia Plan period and this effort is still being continued in the 12th Malaysia Plan.
A total of RM315 million has been spent on the development of all these waqf projects which cover
the scope of waqf welfare, economy, education, housing and health.
Wen addition, a more coordinated cash waqf collection initiative through systematic digitization under federal and state Islamic religious agencies also has a positive impact on the provision of funds for waqf activities in Malaysia.
In addition, aspects of legal coordination and waqf governance were also streamlined. Among the efforts involved is through the publication of a waqf management guidebook or manual under JAWHAR which is seen to help improve waqf management.
In the meantime, until now as many as nine enforce enactments including rules and ordinances related to waqf. This positive development can increase public trust in the waqf governance system in Malaysia.
EFFORTS TO IDENTIFY A NEW FORM OF WAQAF FOR THE PROGRESS OF MUSLIMS
Waqf development is not limited to religious and welfare aspects only. In fact, waqf initiatives have room for innovation to explore other socioeconomic development such as entrepreneurship, services, the environment and housing.
We are confident and believe that both the federal and state governments are always taking efforts to explore new forms of waqf.
, legal studies to adapt the current needs to the requirements of Syariah need to be harmonized.
In an effort to empower waqf in Malaysia, the management and development of waqf needs to be streamlined so that waqf instruments can act as part of the third sector of the national economy.
For the above purpose, the Federal Government through Jawhar and Yayasan Waqaf Malaysia (YWM) is finalising the National Waqf Master Plan (PIWN) 2025-2030 which will be used as a guide in the implementation of waqf development work throughout the country.
The support and cooperation of each party, especially as the sole trustee, is needed to make waqf development efforts throughout Malaysia a success.
Members of the meeting, this morning’s meeting was the last meeting chaired by Us.
The 258th Council of Rulers meeting has agreed to elect Us as chairman of MKI for a period of two years ending on March 9, 2024.
We are grateful that throughout Our time at the helm of MKI, We have tried best to implement what is best for Muslims in this country. We emphasised the need for the efficiency and management wisdom of Islamic religious governance institutions in this country to be enhanced and improved.
We also always remind Muslims to always avoid arguments, conflicts, slandering each other until it leads to divisions that are detrimental to Muslims.
The government and religious institutions must always be alert and take serious note of threats that may threaten the sanctity of Islam and bring disaster to Muslims as a whole.
On this occasion, We would like to advise the Muslims in this country, especially the religious scholars and Islamic scholars, to always maintain good manners in creating a point of view to avoid confusion among Muslims. We don’t need to argue openly in matters that we can resolve through consultation and in private. We need to celebrate differences of opinion and resolve those tactful differences of opinion scientifically, and through proper channels.
People, especially Muslims, always look up to Islamic scholars and religious scholars and always hope that a ruling related to a certain law can be agreed upon by all.
Therefore, it is Our hope that Our recommendations and advice will be used as a guide towards the unity and well-being of Muslims in this country.
Another matter that Beta would like to advise is related to the use of religion for the benefit of party politics. Muslims are well aware that religious issues have often been politicized over the past few decades and have become more serious recently.
As a result, there is hostility, misunderstanding and confusion among Muslims. Enough of our disputes over religion.
The time has come for all Muslims to unite for the sake of strength. When Muslims are strong and united, non-Muslim communities will respect Muslims. In addition, the administration of Islam in this country must be free from the influence of party politics and the practice of politicising every religious matter.
Our reprimand is not intended for any party, rather We remind all politicians not to take the opportunity to politicize every issue involving the Islamic religion so that it becomes capital for endless political disputes.
Religious issues are something that can be sensitive to Muslims, therefore avoid accusing each other on religious issues that we can basically solve together.
To conclude Our speech, Beta referred to Rule 2(1) of the MKI Regulations 2022 which stipulates that the chairperson of MKI shall be chosen from among the Rulers by His Majesty the Kings and shall hold office for a period of two years and may be renewed.
However, We do not intend for Our tenure as MKI chairman to be renewed. It is up to the Council of Rulers to choose a new chairman from among the Council of Rulers for continuity
MKI’s functions and aspirations continue to be better implemented under the leadership of the new chairman.
We also hope that the current practice of appointing ministers of religion from among non-politicians can be continued in order to ensure that issues related to Islamic religious affairs are not used as political material and that full focus can be given by the minister of religion in solving various issues involving Muslims.
We also suggested that academic qualifications based on an Islamic education degree should be used as the main criteria in appointing a minister of religion.
HOPE/CLOSE
During Our leadership of MKI, We have received the full support and active involvement of all states through appointed representatives and all Committee members and Islamic affairs administrative agencies
This gives extraordinary enthusiasm for Us to carry out the responsibilities that have been entrusted during these two years. Therefore, Beta expresses its infinite appreciation and gratitude for the commitment of all members of the meeting, as well as representatives from all states.
Not to forget, We would like to thank Jakim and the MKI Secretariat who have carried out their duties so effectively that allowed all MKI meetings to be carried out perfectly.
Although We will no longer chair MKI in the future, but We will continue to play Our role as a Member of the Council of Kings by contributing Our thoughts towards strengthening MKI’s role.
Our spirit continues to burn with MKI and all the experiences We get will be firmly embedded in Our heart and it provides a very valuable experience in addition to sweet memories to be remembered forever.
We pray that MKI will continue to be at the highest level in the management of Islamic affairs in line with the wishes of the Council of Rulers when establishing it.
“DÉFENSE OF AND LOYALTY TO THE ISLAMIC RELIGION, SERVING THE PEOPLE AND THE COUNTRY”
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