ADMINISTRATION OF ISLAMIC LAW (FEDERAL TERRITORIES) ACT 1993
(1) This Act may be cited as the Administration of Islamic Law (Federal Territories) Act 1993 and applies only to the Federal Territories of Kuala Lumpur and Labuan.
(2) This Act shall come into force on a date to be appointed by the Yang di-Pertuan Agong by notification in the Gazette.
(3) The Yang di-Pertuan Agong may appoint different dates for the coming into force of different provisions of this Act.
MODIFICATION
Federal Territory of Putrajaya (Extension and Modification of Administration of Islamic Law (Federal Territories) - P.U.(A) 250/2002 Act 1993) Order 2002.
(1) This Act may be cited as the Administration of Islamic Law (Federal Territories) Act 1993 and applies only to the Federal Territories of Kuala Lumpur, Putrajaya and Labuan.
[Am. by P.U.(A) 250/2002]
(1) In this Act, unless the context otherwise requires- " anak kariah " means a person who is permanently or habitually resident in the kariah masjid ; "Chairman" means the Chairman of the Majlis; "Chief Religious Enforcement Officer" and "Religious Enforcement Officer" mean the officers appointed as such under subsection 58(4); "Chief Syariah Judge" means the Chief Syariah Judge appointed under subsection 41(1); "Chief Syariah Prosecutor" means an officer appointed under subsection 58(1); "Court" or "Syariah Court" means the Syariah Subordinate Court, the Syariah High Court, or the Syariah Appeal Court, as the case may be, constituted under section 40; "Enactment" means the Administration of Muslim Law Enactment 1952 of the State of Selangor [Selangor Enactment 3 of 1952] - (a) in relation to the Federal Territory of Kuala Lumpur, as modified by the Federal Territory (Modification of Administration of Muslim Law Enactment) Orders
Save as expressly provided in this Act, nothing contained therein shall derogate from or affect the rights and powers of the Yang di-Pertuan Agong as the Head of the religion of Islam in the Federal Territories, as declared and set forth in the Federal Constitution.
(1) There shall be a body to be known as the "Majlis Agama Islam Wilayah Persekutuan" to advise the Yang di-Pertuan Agong in matters relating to the religion of Islam.
(2) Upon the coming into force of this section, the "Majlis Agama Islam Wilayah Persekutuan" existing by virtue of section 5 of the Enactment shall be deemed to be the Majlis referred to in subsection (1).
EDITORIAL COMMETS AND ANNOTATIONS
Whether Majlis Agama Islam Wilayah Persekutuan (MAIWP) can intervene in a proceedings under this Act
Refer to
" It is clear from reading of s 3 and s 41 that the provisions merely provide for the establishment of MAIWP which is tasked
(1) The Majlis shall be a body corporate having perpetual succession and a corporate seal, and the said seal may from time to time be broken, changed, altered and made anew as to the Majlis seems fit, and, until a seal is provided under this section, a stamp bearing the inscription the "Majlis Agama Islam Wilayah Persekutuan" may be used as the corporate seal.
(2) The Majlis may sue and be sued in its corporate name.
(3) The Majlis may enter into contracts and may acquire, purchase, take, hold and enjoy movable and immovable property of every description, and subject to any written law affecting the same may convey, assign, surrender and yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property vested in the Majlis upon such terms as to the Majlis seems fit and in accordance with Islamic Law.
(4) The Majlis shall have power to act as an executor of a will or a
The Majlis may appoint committees to assist it in the performance of its duties or the exercise of its powers.
(1) It shall be the duty of the Majlis to promote, stimulate, facilitate and undertake the economic and social development and well-being of the Muslim community in the Federal Territories consistent with Islamic Law.
(2) The Majlis shall have power, for the purpose of the discharge of its duty under subsection (1)-
(2) The Majlis shall have power, for the purpose of the discharge of its duty under subsection (1)-
(a) to carry on all activities, which will not involve any element which is not approved by the religion of Islam, particularly the development of commercial and industrial enterprises, the carrying on whereof appears to it to be requisite, advantageous or convenient for or in connection with the discharge of its said duty, including the manufacturing, assembling, processing, packing, grading and marketing of products;
(b) to promote the carrying on of any such activities by other
8 PART II THE MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN-8. Powers to establish corporations.
(1) The Majlis may, with the approval of the Yang di-Pertuan Agong, from time to time by order published in the Gazette , establish a corporation by such name as the Majlis may think fit to carry out and have the charge, conduct and management of any project, scheme or enterprise which has been planned or undertaken by the Majlis in execution of its duty or powers under section 7.
(2) The Majlis shall, with the approval of the Yang di-Pertuan Agong, by the same or by a different order, make provisions, in respect of a corporation established under subsection (1) defining-
(a) the duties, powers, and rights of the corporation;
(b) the system of management of the corporation; and
(c) the relations between the corporation and the Majlis and its right of control over the corporation.
(3) The provisions of the Second Schedule shall apply to a corporation es
8A PART II THE MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN-8A. Power to establish companies and validation of companies established.
(1) The Majlis may, with the approval of the Yang di-Pertuan Agong, establish companies under the Companies Act 1965 [Act 125] to carry out any activity which has been planned or undertaken by the Majlis in execution of its duty or powers under section 7.
(2) Every company established or purported to be established by the Majlis under the Companies Act 1965 before the commencement of this section shall be deemed to have been lawfully established and shall continue to exist as if it had been established by the Majlis under subsection (1).
(3) Any financing or financial assistance given by the Majlis under subsection 7(2) to a company referred to in subsection (2) shall be deemed to have been lawfully given.
9 PART II THE MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN-9. Borrowing powers.
(1) The Majlis may, with the approval of the Minister of Finance and upon such terms and conditions as may be determined by him, borrow such sums as it may require for discharging any of its functions under this Act.
(2) Sums borrowed by virtue of this section shall be paid into the Fund.
10 PART II THE MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN-10. Membership of the Majlis.
(1) The Majlis shall consist of the following members:
(a) a Chairman;
(b) a Deputy Chairman;
(c) the Chief Secretary to the Government or his representative;
(d) the Attorney General or his representative;
(e) the Inspector-General of Police or his representative;
(f) the Mufti;
(g) the Commissioner of the City of Kuala Lumpur; and
(h) fifteen other members, at least five of whom shall be persons learned in Islamic studies.
(2) The Chairman, Deputy Chairman, and the members under paragraph (h) of subsection (1) shall be persons who are Muslims and shall be appointed by the Yang di-Pertuan Agong on the advice of the Minister for such term, not exceeding three years, as the Yang di-Pertuan Agong may determine.
(3) A member whose term of office has expired may be reappo
11 PART II THE MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN-11. Termination of appointments.
The appointment of an appointed member of the Majlis shall terminate-
(a) on his death; or
(b) if he, by letter addressed to the Yang di-Pertuan Agong through the Chairman, resigns his appointment; or
(c) if he has been absent from Malaysia, without the written permission of the Chairman, for a period exceeding six months.
12 PART II THE MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN-12. Revocation of appointments.
The Yang di-Pertuan Agong may, on the advice of the Minister, revoke the appointment of any appointed member of the Majlis-
(a) if his conduct, whether in connection with his duties as a member or otherwise, has been such as to bring discredit on the Majlis; or
(b) if he has become incapable of properly carrying out his duties as a member; or
(c) if, without any excuse which in the opinion of the Chairman is sufficient, he has been absent from three successive meetings of the Majlis.
13 PART II THE MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN-13. Appointments to be gazetted.
All appointments and revocations of appointment under sections 10, 11 and 12 shall be published in the Gazette .
14 PART II THE MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN-14. Secretary.
(1) The Director of the Islamic Religious Department of the Federal Territories shall be the Secretary of the Majlis.
(2) The Secretary shall be the chief executive and administrative officer of the Majlis and shall be responsible for carrying out the policies and resolutions of the Majlis.
(3) The Secretary shall be entitled to attend all meetings of the Majlis and to participate in its deliberations, but shall not be entitled to vote.
15 PART II THE MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN-15. Attendance of non-members at meetings.
(1) The Chairman may invite to any meeting of the Majlis any person who is not a member of the Majlis, if the business before the meeting renders the presence of such a person desirable.
(2) A person invited under subsection (1) shall be entitled to participate in the deliberations of the Majlis, but shall not be entitled to vote.
16 PART II THE MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN-16. Presiding over meetings.
(1) The Chairman, or in his absence the Deputy Chairman, shall preside over all meetings of the Majlis.
(2) If the Chairman and the Deputy Chairman are absent from a meeting, the members present shall elect one of their number to preside over the meeting.
17 PART II THE MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN-17. Quorum.
No business, save that of adjournment, shall be transacted at a meeting, and no resolution or action of the Majlis made or performed at a meeting shall be valid, unless at least one-third of the members, including the person presiding over the meeting, are present at the meeting.
18 PART II THE MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN-18. Conduct of business.
(1) Except as otherwise expressly provided by this Act, all business of the Majlis shall be conducted at a meeting thereof regularly convened and shall be disposed of by resolution of the majority of the members present and entitled to vote.
(2) A resolution in writing signed by all members of the Majlis shall, unless in any special case or class of cases the Yang di- Pertuan Agong otherwise directs, have the same effect as a resolution duly passed under subsection (1).
19 PART II THE MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN-19. Summoning of meetings.
(1) All meetings of the Majlis shall be summoned by the Secretary.
(2) The Chairman may at any time direct the Secretary to summon a meeting.
(3) Any four members of the Majlis may at any time in writing require the Secretary to summon a meeting of the Majlis on condition that they inform the Secretary of the purpose for which they desire the meeting to be summoned.
(4) The Secretary shall, within fourteen days of receipt of a direction or requirement under subsection (2) or (3), or, if the Chairman so directs, immediately upon receipt of such a direction or requirement, summon a meeting.
(5) At least seven days' notice in writing shall be given of any meeting, but the Chairman may, if he considers that there is an urgent need to summon a meeting at shorter notice, direct that the requirement of seven days' notice be dispensed with.
(6) Notice of a meeting may be sent by post to a member addressed to his last kno
20 PART II THE MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN-20. Powers of Chairman.
The Chairman shall exercise control over all deliberations and proceedings of the Majlis and shall be responsible for the proper and orderly conduct thereof.
21 PART II THE MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN-21. Duties and powers of Secretary.
Subject to such directions as may be given to him by the Chairman, the Secretary shall have charge of all correspondence and documents of the Majlis and shall in all other respects carry out such duties as may be imposed upon him by the Act or assigned to him by the Chairman.
22 PART II THE MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN-22. Minutes.
(1) The Secretary shall keep minutes of all meetings of the Majlis, and at every meeting the minutes of the previous meeting shall be read and confirmed, subject to any amendment which may be required.
(2) Such minutes shall be entered in the minute book of the Majlis and shall include a full verbatim record of every resolution of the Majlis.
(3) As soon as possible after every meeting of the Majlis a copy of the draft minutes shall be sent to the Yang di-Pertuan Agong. If on confirmation such draft minutes are amended, the Yang di-Pertuan Agong shall forthwith be informed of the amendments made:
Provided that no decision referred to in any of the minutes of the Majlis shall be acted upon until the Yang di-Pertuan Agong has in writing signified his assent.
(4) Meetings of the Majlis shall be held with such regularity that not more than three calender months shall have elapsed between one meeting and the next.
23 PART II THE MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN-23. Order of business and voting.
(1) The Chairman shall determine the order of business at meetings.
(2) The Chairman may decide in what order members may address the meeting and may at any time require any member to cease addressing the meeting.
(3) If on any resolution there is an equality of votes the Chairman shall have a casting vote.
24 PART II THE MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN-24. Certified copies of resolutions.
A copy of any resolution of the Majlis certified by the Secretary to be a true copy of the resolution shall be sufficient evidence thereof, and all courts shall take judicial notice of the signature of the Secretary.
25 PART II THE MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN-25. Leave.
The Chairman, if he expects to be absent from Malaysia for more than thirty days, shall apply for leave to the Yang di-Pertuan Agong who may give such directions as he thinks fit.
26 PART II THE MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN-26. Acting in emergency.
(1) In any case of emergency the Chairman may, after consultation with the Minister, do or direct to be done on behalf of the Majlis any act or thing that may lawfully be done by resolution of the Majlis.
(2) Where any act or thing is done pursuant to subsection (1), a meeting of the Majlis shall be held within one week thereafter for the purpose of ratifying and confirming the act or thing done, and if the Majlis declines to ratify and confirm the act or thing done, the Yang di-Pertuan Agong may give such directions with respect thereto as he thinks fit.
27 PART II THE MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN-27. Delegation of duties and powers.
(1) The Majlis may, by resolution, and subject to such conditions and restrictions as the Majlis thinks fit, delegate to the Chairman or the Secretary or to any committee of the Majlis the performance of any of its duties or the exercise of any of its powers.
(2) The performance of duties and the exercise of powers in pursuance of a delegation under subsection (1) shall be subject to the control and direction of the Majlis.
(3) The Chairman, Secretary, or committee shall inform the Majlis of all acts and things done by him or it in pursuance of a delegation under subsection (1).
28 PART II THE MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN-28. Secrecy.
The proceedings of the Majlis shall be kept secret and no member or servant thereof shall disclose or divulge to any person, other than Yang di-Pertuan Agong or the Minister, and any member of the Majlis, any matter that has arisen at any meeting unless he is expressly authorised by the Majlis.
29 PART II THE MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN-29. Public Servant.
The members, officers and servants of the Majlis shall be deemed to be public servants within the meaning of the Penal Code.
30 PART II THE MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN-30. Majlis may determine its own procedure.
The Majlis may, subject to this Act, determine questions relating to its own procedure and practice.
31 PART II THE MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN-31. Authority of Majlis.
The Majlis shall aid and advise the Yang di-Pertuan Agong in respect of all matters relating to the religion of Islam within the Federal Territories, except matters of Islamic Law and those relating to the administration of justice, and in all such matters shall be the chief authority in the Federal Territories after the Yang di-Pertuan Agong, except where otherwise provided in this Act.
32 PART III APPOINTMENT OF MUFTI, AUTHORITY IN RELIGIOUS MATTERS AND THE ISLAMIC LEGAL CONSULTATIVE COMMITTEE-32. Appointment of Mufti and Deputy Mufti.
(1) The Yang di-Pertuan Agong may, on the advice of the Minister, after consulting the Majlis, appoint fit and proper persons to be the Mufti and the Deputy Mufti for the Federal Territories.
(2) Upon the commencement of this section, any person who, immediately before the commencement, was the Mufti of the Federal Territories appointed under the Enactment shall be deemed to have been duly appointed under this section to be the Mufti of the Federal Territories and shall hold office as such.
33 PART III APPOINTMENT OF MUFTI, AUTHORITY IN RELIGIOUS MATTERS AND THE ISLAMIC LEGAL CONSULTATIVE COMMITTEE-33. Authority of Mufti.
The Mufti shall aid and advise the Yang di-Pertuan Agong in respect of all matters of Islamic Law, and in all such matters shall be the chief authority in the Federal Territories after the Yang di-Pertuan Agong, except where otherwise provided in this Act.
34 PART III APPOINTMENT OF MUFTI, AUTHORITY IN RELIGIOUS MATTERS AND THE ISLAMIC LEGAL CONSULTATIVE COMMITTEE-34. Fatwa.
(1) The Mufti shall, on the direction of the Yang di-Pertuan Agong, and may, on his own initiative or on the request of any person made by letter addressed to the Mufti, make and publish in the Gazette , a fatwa or ruling on any unsettled or controversial question of or relating to Islamic Law.
(2) No statement made by the Mufti shall be taken to be a fatwa unless and until it is published in the Gazette pursuant to subsection (1).
(3) Upon publication in the Gazette , a fatwa shall be binding on every Muslim resident in the Federal Territories as a dictate of his religion and it shall be his religious duty to abide by and uphold the fatwa , unless he is permitted by Islamic Law to depart from the fatwa in matters of personal observance, belief, or opinion.
(4) A fatwa shall be recognized by all Courts in the Federal Territories as authoritative of all
35 PART III APPOINTMENT OF MUFTI, AUTHORITY IN RELIGIOUS MATTERS AND THE ISLAMIC LEGAL CONSULTATIVE COMMITTEE-35. Form of fatwa .
(1) A fatwa shall cite that it is made pursuant to section 34.
(2) A fatwa shall be published in the national language in the Rumi script, but a text of the fatwa in the Jawi script may also be published.
36 PART III APPOINTMENT OF MUFTI, AUTHORITY IN RELIGIOUS MATTERS AND THE ISLAMIC LEGAL CONSULTATIVE COMMITTEE-36. Amendment, modification or revocation of fatwa.
(1) The Mufti may amend, modify or revoke any fatwa that has been issued earlier by him or by any previous Mufti.
(2) An amendment, a modification or a revocation of a fatwa shall be deemed to be a fatwa and the provisions of subsections (3) and (4) of section 34 and subsection (2) of section 35 shall apply thereto.
(3) An amendment, a modification or a revocation of a fatwa shall cite that it is made pursuant to subsection (1).
37 PART III APPOINTMENT OF MUFTI, AUTHORITY IN RELIGIOUS MATTERS AND THE ISLAMIC LEGAL CONSULTATIVE COMMITTEE-37. The Islamic Legal Consultative Committee.
(1) There shall be a committee to be known as the Islamic Legal Consultative Committee.
(2) The Committee shall consist of-
(a) the Mufti, as Chairman;
(b) the Deputy Mufti;
(c) two members of the Majlis nominated by the Majlis;
(d) not less than two fit and proper persons to be appointed by the Majlis; and
(e) an officer of the Islamic Religious Department of the Federal Territories to be appointed by the Majlis, who shall be the Secretary.
(3) The persons who, immediately, before the coming into force of this section, were appointed members of the Legal Committee established under section 40 of the Enactment shall, subject to this Act, be deemed to have been nominated or appointed to be members of the Islamic Legal Consultative Committee and shall continue to be members until the expiry of their current period of appointment
38 PART III APPOINTMENT OF MUFTI, AUTHORITY IN RELIGIOUS MATTERS AND THE ISLAMIC LEGAL CONSULTATIVE COMMITTEE-38. Request for opinion from the Mufti.
Notwithstanding any written law to the contrary, the Mufti shall not be liable to be summoned to any civil court or Syariah Court to give opinion or evidence relating to Islamic Law, but if in any court other than a Syariah Court any question of Islamic Law calls for a decision, that court may request the opinion of the Mufti on the question, and the Mufti may certify his opinion to the requesting court.
39 PART III APPOINTMENT OF MUFTI, AUTHORITY IN RELIGIOUS MATTERS AND THE ISLAMIC LEGAL CONSULTATIVE COMMITTEE-39. Authorities to be followed.
(1) In issuing any fatwa under section 34, or certifying any opinion under section 38, the Mufti shall ordinarily follow the accepted views ( qaul muktamad ) of the Mazhab Syafie .
(2) If the Mufti considers that following the qaul muktamad of the Mazhab Syafie will lead to situation which is repugnant to public interest, the Mufti may follow the qaul muktamad of the Mazhab Hanafi, Maliki, or Hanbali.
(3) If the Mufti consists that none of the qaul muktamad of the four Mazhabs may be followed without leading to a situation which is repugnant to public interest, the Mufti may then resolve the question according to his own judgment without being bound by the qaul muktamad of any four Mazhabs .
40 PART IV SYARIAH COURTS-40. Constitution of Syariah Courts.
(1) The Yang di-Pertuan Agong, on the advice of the Minister, may by notification in the Gazette constitute Syariah Subordinate Courts for the Federal Territories at such places as he considers fit.
(2) The Yang di-Pertuan Agong, on the advice of the Minister, may by notification in the Gazette , constitute a Syariah High Court for the Federal Territories.
(3) The Yang di-Pertuan Agong, on the advice of the Minister, may by notification in the Gazette constitute a Syariah Appeal Court for the Federal Territories.
41 PART IV SYARIAH COURTS-41. Appointment of Chief Syariah Judge.
(1) The Yang di-Pertuan Agong may, on the advice of the Minister, after consultation with the Majlis, appoint a Chief Syariah Judge.
(2) A person is qualified for appointment under subsection(1) if-
(a) he is a citizen; and
(b) he-
(i) has, for a period of not less than ten years preceding his appointment, been a Judge of a Syariah High Court or a Kathi or a Registrar or a Syariah Prosecutor of a State or sometimes one and sometimes another; or
(ii) is a person learned in Islamic Law.
(3) The person who, immediately before the commencement of this section, was holding the appointment of Kathi Besar under subsection (1) of section 43 of the Enactment and was performing judicial functions shall, on the commencement of this section, continue to hold office as the Chief Syariah Judge as if he had been appointed under subsection (1).
<42 PART IV SYARIAH COURTS-42. Appointment of Judges of the Syariah Appeal Court.
(1) The Yang di-Pertuan Agong may, on the advice of the Minister, after consultation with the Majlis, appoint for a period not exceeding three years not more than seven Muslims to constitute a standing panel of judges and the Chief Syariah Judge shall select two from amongst them to form a quorum of judges in the Syariah Appeal Court in respect of every hearing.
(2) The names of the seven members shall be published in the Gazette .
43 PART IV SYARIAH COURTS-43. Appointment of Judges of the Syariah High Court.
(1) The Yang di-Pertuan Agong may, on the advice of Minister, after consultation with the Majlis, appoint Judges of the Syariah High Court.
(2) A person is qualified for appointment under subsection (1) if
(a) he is citizen; and
(b) he-
(i) has, for a period of not less than ten years preceding his appointment, been a Judge of a Syariah Subordinate Court or a Kathi or a Registrar or a Syariah Prosecutor of a State or sometimes one and sometimes another; or
(ii) he is a person learned in Islamic Law.
(3) The persons who, immediately before the commencement of this section, were holding the appointment of Kathi under subsection (1) of section 43 of the Enactment and were performing judicial functions shall, on the commencement of this section, continue to hold office as Judges of the Syariah High Court as if they had b
44 PART IV SYARIAH COURTS-44. Appointment of Judges of Syariah Subordinate Courts.
(1) The Yang di-Pertuan Agong may, on the recommendation of the Chief Syariah Judge, appoint from amongst members of the general public service of the Federation Judges of the Syariah Subordinate Courts.
(2) All appointments under subsection (1) shall be published in the Gazette .
45 PART IV SYARIAH COURTS-45. Registrars.
The Yang di-Pertuan Agong may, on the advice of the Chief Syariah Judge, appoint, from amongst members of the general public service of the Federation, a Chief Registrar of the Syariah Appeal Court, a Registrar of the Syariah High Court, and Assistant Registrars of the Syariah Subordinate Courts.
46 PART IV SYARIAH COURTS-46. Jurisdiction of Syariah High Court.
(1) A Syariah High Court shall have jurisdiction throughout the Federal Territories and shall be presided over by a Syariah Judge.
(2) A Syariah High Court shall-
(a) in its criminal jurisdiction, try any offence committed by a Muslim and punishable under the Enactment or the Islamic Family Law (Federal Territories) Act 1984 [Act 303] , or under any other written law prescribing offences against precepts of the religion of Islam for the time being in force, and may impose any punishment provided therefor;
(b) in its civil jurisdiction, hear and determine all actions and proceedings in which all the parties are Muslims and which relate to-
(i) betrothal, marriage, ruju' , divorce, nullity of marriage ( fasakh ), nusyuz , or judicial separation ( faraq ) or other matters relating to the relationship between husband and wife;
(ii) any
47 PART IV SYARIAH COURTS-47. Jurisdiction of Syariah Subordinate Court.
(1) A Syariah Subordinate Court shall have jurisdiction throughout the Federal Territories and shall be presided over by a Judge of the Syariah Subordinate Court.
(2) The Syariah Subordinate Court shall-
(a) in its criminal jurisdiction, try any offence committed by a Muslim under the Enactment or any other written law prescribing offences against precepts of the religion of Islam for which the maximum punishment provided by the Enactment or such written law does not exceed two thousand ringgit or imprisonment for a term of one year or to both, and may impose any punishment provided therefor;
(b) in its civil jurisdiction, hear and determine all such actions and proceedings as the Syariah High Court is authorized to hear and determine in which the amount or value of the subject-matter in dispute does not exceed fifty thousand ringgit or is not capable of estimation in terms of money.
48 PART IV SYARIAH COURTS-48. Appeal to Syariah High Court.
(1) An appeal shall lie to the Syariah High Court from any decision of a Syariah Subordinate Court-
(a) in its criminal jurisdiction, by the prosecution or by a person convicted, and such appeal may be against an acquittal, conviction or sentence or any of them;
(b) in its civil jurisdiction-
(i) by any person aggrieved by the decision, if the amount claimed is not less than one thousand ringgit;
(ii) in all cases involving any decision as to personal status, by any person aggrieved by the decision;
(iii) in all cases relating to maintenance of dependants, by any person aggrieved by the decision,
but no appeal shall lie against a decision made by consent; and
(c) in any other case, if the Syariah High Court gives leave to appeal.
(2) On any appeal, the Syariah High Court may-
(a) in a criminal
49 PART IV SYARIAH COURTS-49. Application for leave to appeal.
(1) An appeal or application for leave to appeal under paragraph (c) of subsection (1) of section 48 shall be made to the Syariah High Court in such manner as may be prescribed, but in any event within fourteen days from the date of the judgment, order or decision in respect of which the application is made or, in the event that the applicant was not at that date aware thereof and could not by the exercise of reasonable diligence have been so aware, within fourteen days from the date such judgment, order, or decision came to his knowledge.
(2) The Syariah High Court, on hearing any application for leave to appeal, may on special ground extend the time for appealing, notwithstanding that it may have expired.
50 PART IV SYARIAH COURTS-50. Inheritance certificates.
If in the course of any proceedings relating to the administration or distribution of the estate of a deceased Muslim, any court or authority, other than the Syariah High Court or a Syariah Subordinate Court, is under the duty to determine the persons entitled to share in the estate, or the shares to which such persons are respectively entitled, the Syariah Court may, on the request of such court or authority, or on the application of any person claiming to be a beneficiary or his representative and on payment by him of the prescribed fee, certify the facts found by it and its opinion as to the persons who are entitled to share in the estate and as to the shares to which they are respectively entitled.
51 PART IV SYARIAH COURTS-51. Supervisory and revisionary jurisdiction of the Syariah High Court.
(1) The Syariah High Court shall have supervisory and revisionary jurisdiction over all Syariah Subordinate Courts and may, if it appears desirable in the interest of justice, either of its own motion or at the instance of any party or person interested, at any stage in any matter or proceedings, whether civil or criminal, in any Syariah Subordinate Court, call for and examine any records thereof and may give such directions as justice may require.
(2) Whenever the Syariah High Court calls for the records under subsection (1), all proceedings in the Syariah Subordinate Court on the matter or proceedings in question shall be stayed pending further order of the Syariah High Court.
EDITORIAL COMMETS AND ANNOTATIONS
Scope of s 51 and 53
Refer to
Dato' Abu Khalil Akasah v. Nik Rahimah Wan Ahmad [2009] 1 MSL 52 PART IV SYARIAH COURTS-52. Jurisdiction of Syariah Appeal Court.
(1) The Syariah Appeal Court shall have jurisdiction to hear and determine any appeal against any decision made by the Syariah High Court in the exercise of its original jurisdiction.
(2) When an appeal from a decision of a Syariah Subordinate Court has been determined by the Syariah High Court, the Syariah Appeal Court may on the application of any party grant leave for the determination by itself of any question of law of public interest which has arisen in the course of the appeal and the determination of which by the Syariah High Court has affected the result of the appeal.
(3) When leave has been granted by the Syariah Appeal Court it shall hear and determine the question allowed to be referred for its determination and make such order as the Syariah High Court might have made and as it considers just for the disposal of the appeal.
53 PART IV SYARIAH COURTS-53. Supervisory and revisionary jurisdiction of the Syariah Apppeal Court.
(1) The Syariah Appeal Court shall have supervisory and revisionary jurisdiction over the Syariah High Court and may, if it appears desirable in the interest of justice, either of its own motion or at the instance of any party or person interested, at any stage in any matter or proceedings, whether civil or criminal, in the Syariah High Court, call for and examine any records thereof and may give such directions as justice may require.
(2) Whenever the Syariah Appeal Court calls for the records under subsection (1), all proceedings in the Syariah High Court on the matter or proceedings in question shall be stayed pending further order of the Syariah Appeal Court.
54 PART IV SYARIAH COURTS-54. Composition of the Syariah Appeal Court.
(1) An appeal in the Syariah Appeal Court shall be heard and disposed of by a chairman and such two Judges of the Syariah Appeal Court as the Chief Syariah Judge may determine.
(2) Notwithstanding section 42, of this Act, the Chief Syariah Judge may appoint any Judge of the Syariah High Court to be a member of the Syariah Appeal Court for any particular proceedings if the Chief Syariah Judge considers it desirable to do so.
(3) The Chief Syariah Judge shall be the chairman for every proceedings of the Syariah Appeal Court, and in the event he is unable to act, the Chief Syariah Judge shall appoint the most senior of the Judges of the Syariah Appeal Court to be chairman.
55 PART IV SYARIAH COURTS-55. Decision by majority.
The appeal shall be decided in accordance with the opinion of the majority of the members of the Syariah Appeal Court.
56 PART IV SYARIAH COURTS-56. Continuation of proceedings in Syariah Appeal Court notwithstanding absence of Judge.
(1) If, in the course of any proceedings in an appeal or at any time before delivery of the judgment, any Judge of the Syariah Appeal Court hearing the proceedings is unable, through illness or any other cause, to attend and complete the proceeding or otherwise exercise his function as a Judge of that Court, then, if both parties consent, the hearing shall continue and judgment or reserved judgment, as the case may be, shall be given by the remaining two Judges of the Court, and for the purposes of the appeal the Court shall be deemed to have been properly constituted.
(2) In any such case as is mentioned in subsection (1), if there is no unanimous decision, the appeal shall be reheard.
(3) If under subsection (1) both parties do not give their consent, or more than one Judge are unable, through illness or any other cause, to attend and complete the proceeding or otherwise exercise their functions as Judges of that Court, the appeal sha
57 PART IV SYARIAH COURTS-57. Appeal rules.
The Chief Syariah Judge may make rules on the procedure for appeals and applications for leave to appeal.
57A PART IV SYARIAH COURTS-57A. Reciprocal action.
(1) Where a Syariah Court in any State in Malaysia issues a warrant or summons, as the case may be, under any law of that State to be executed or served on any person who is or is believed to be in the Federal Territories, any Syariah Judge may endorse the warrant or summons by signing it and the warrant or summons may be executed or served on such person as if the warrant or summons had been issued by a Syariah Court in the Federal Territories according to the provisions of this Act.
(2) Where a Syariah Court in the Federal Territories issues a warrant authorizing the arrest of any person or summons calling any person to appear in a Syariah Court, and such person is or is believed to be in another State in Malaysia and such warrant or summons is executed or served on such person in accordance with any law of that State, the warrant or summons shall, for the purpose of this Act, be deemed to have been duly executed or served as if the execution
58 PART V PROSECUTION, ENFORCEMENT AND REPRESENTATION-58. Appointment of Syariah Prosecutors and Religious Enforcement Officers.
(1) The Yang di-Pertuan Agong may, on the advice of the Minister, appoint a person, who is qualified to be a Judge of the Syariah High Court, to be the Chief Syariah Prosecutor.
(2) The Chief Syariah Prosecutor shall have power exercisable at his discretion to institute, conduct or discontinue any proceedings for an offence before a Syariah Court.
(3) The Chief Syariah Prosecutor may appoint fit and proper persons from among the members of the general public service of the Federation to be the Syariah Prosecutors who shall act under the general control and direction of the Chief Syariah Prosecutor and may exercise all or any of the rights and powers vested in or exercisable by the Chief Syariah Prosecutor except rights and powers expressed to be exercisable by the Chief Syariah Prosecutor personally.
[Subs. by Act A1523/2017: s.4]
(3A) The rights and powers vested in or exercisable by the Chief Sya
59 PART V PROSECUTION, ENFORCEMENT AND REPRESENTATION-59. [Deleted]
(Deleted by Act A1606:s3)
60 PART VI FINANCIAL Charitable Trusts-60. Establishment of Baitulmal .
(1) A Fund to be known as Baitulmal is hereby established. The Fund shall consist of all moneys and properties, movable or immovable, which by Islamic Law or under the provisions of this Act or rules made thereunder, accrue, or which are contributed by any person, to the Fund.
(2) All moneys and properties in the Fund shall be vested in the Majlis which shall administer all such moneys and properties in accordance with rules made under this Act:
Provided that any investments of assets and funds vested in the Majlis may be sold, realised and disposed of, and the proceeds thereof may be invested from time to time in any investments authorized by any written law for the time being in force for the investment of trust funds.
(3) Subject to the provisions of this Act, the Majlis, with the approval of the Yang di-Pertuan Agong, may make rules for the collection, administration and distribution of all properties of the Fund.
61 PART VI FINANCIAL Charitable Trusts-61. Wakaf and nazr.
Notwithstanding any provision to the contrary contained in any instrument or declaration creating, governing or affecting the same, the Majlis shall be the sole trustee of all wakaf , whether wakaf 'am or wakaf khas , of all nazr 'am , and of all trusts of every description creating any charitable trust for the support and promotion of the Muslim religion or for the benefit of the Muslims in accordance with Islamic Law, to the extent of any property affected thereby and situated in the Federal Territories and, where the settlor or other person creating the trust, wakaf or nazr'am was domiciled in the Federal Territories, to the extent of all properties affected thereby wherever situated.
62 PART VI FINANCIAL Charitable Trusts-62. Vesting.
(1) All properties subject to the provisions of section 61 and situated in the Federal Territories shall without any conveyance, assignment or transfer whatsoever, and, in the case of immovable property, upon registration under the relevant written laws relating to land, vest in the Majlis, for the purposes of the trust, wakaf or nazr 'am affecting the same.
(2) The Majlis shall take all necessary steps to vest in itself for the like purposes any such property situated elsewhere than in the Federal Territories.
63 PART VI FINANCIAL Charitable Trusts-63. Restrictions on creation of charitable trusts.
(1) Whether or not made by way of will or death-bed gift, no wakaf or nazr made after the commencement of this Act and involving more than one-third of the property of the person making the same shall be valid in respect of the excess beyond such one-third.
(2) Every wakaf khas or nazr made after the commencement of this Act shall be null and void unless-
(a) the Yang di-Pertuan Agong, on the advice of the Majlis, has expressly sanctioned and validated the same; or
(b) it was made during a serious illness from which the maker subsequently died and was made in writing by an instrument executed by him and witnessed by two adult Muslims living in the same kariah masjid as the maker.
(3) This section shall not operate to render valid any will, death-bed gift, wakaf or nazr which is invalid under the provisions of Islam
64 PART VI FINANCIAL Charitable Trusts-64. Income of wakaf and nazr.
(1) The income of a wakaf khas , if received by the Majlis, shall be applied by it in accordance with the lawful provisions of such wakaf khas .
(2) The income of every other wakaf and of every nazr 'am shall be paid to and form part of the Fund.
65 PART VI FINANCIAL Charitable Trusts-65. Capital of wakaf and nazr 'am.
(1) Subject to the provisions of subsections (2) and (3), the capital property and assets affected by any lawful wakaf or nazr 'am shall not form part of the Fund, but shall be applied in pursuance of such wakaf or nazr 'am and held as segregated funds.
(2) If due to lapse of time or change of circumstances it is no longer possible beneficially to carry out the exact provisions of any wakaf or nazr 'am , the Majlis shall prepare a scheme for the application of the property and assets affected thereby in a manner as closely as may be analogous to that required by the terms of such wakaf or nazr 'am , and shall apply the same accordingly:
Provided that the Majlis may, with the approval in writing of the Yang di-Pertuan Agong, direct that such property and assets shall be added to and form part of the Fund.
(3) If the terms of any wakaf or nazr 'am
66 PART VI FINANCIAL Charitable Trusts-66. Construction of instruments.
If in the opinion of the Majlis the meaning or effect of any instrument or declaration creating or affecting any wakaf or nazr is obscure or uncertain, the Majlis may refer the same to the Mufti for his opinion as to the meaning or effect thereof, and shall act on any opinion so given by the Mufti.
67 PART VI FINANCIAL Charitable Trusts-67. Accounts and annual reports.
The provisions of the Statutory Bodies (Accounts and Annual Reports) Act 1980 [Act 240] shall apply to the Majlis and to any corporation established under this Act.
68 PART VI FINANCIAL Charitable Trusts-68. Wakaf and nazr property.
As soon as possible after the 31st December in every year the Majlis shall prepare, issue and publish in the Gazette a list of all properties, investments and assets vested in the Majlis subject to any trust, wakaf or nazr , and not forming part of the Fund.
69 PART VI FINANCIAL Charitable Trusts-69. Estimates.
(1) The Majlis shall prepare and submit to the Yang di-Pertuan Agong not later than the 31st day of October in each year estimates of all income and expenditure of the Majlis, including therein estimates of all property receivable and disposable in kind, in respect of the ensuing year. The Yang di-Pertuan Agong, on the advice of the Minister, may approve such estimates or may direct that the same be amended. Upon such approval or amendment the said estimates shall be published in the Gazette .
(2) The Majlis may at any time submit to the Yang di-Pertuan Agong supplementary estimates of expenditure in respect of the current year, or, at any time prior to the 31st March in any year, in respect of the preceding year, and the same may be approved or amended, and shall be published, in like manner.
(3) No moneys shall be expended, or property disposed of in kind, save in accordance with such estimates as aforesaid and upon a voucher
70 PART VI FINANCIAL Charitable Trusts-70. Expenses of the Majlis.
All costs, charges and expenses of administering the property and assets vested in the Majlis, including the cost of maintenance and repair of any immovable property, the salaries and allowances of all servants of the Majlis, and the fees and allowances payable to any officer or member of the Majlis in respect of his services as such, shall be paid out of the property and assets of the Fund.
71 PART VI FINANCIAL Charitable Trusts-71. Banks.
(1) The Majlis shall appoint any bank which is suitable and may operate such account or accounts as may seem proper.
(2) Payments by the Majlis of amounts exceeding fifty ringgit shall be made by cheque. All moneys received by or for the Majlis shall be paid into a bank account of the Majlis in the manner provided in the Financial Procedure of the Majlis.
(3) Cheques drawn on any bank account of the Majlis shall be signed by the Chairman or by any member or officer of the Majlis or any other officer authorized by the Chairman.
72 PART VII MOSQUES-72. Trusteeship of mosques and related lands.
Notwithstanding any provision to the contrary in any written instrument, the Majlis shall be the trustee of all mosques in the Federal Territories; and every mosque, together with the land on which it stands and any land which is appurtenant to and used for the purposes of the mosque, other than Government land or land reserved for a public purpose, shall, upon registration under the relevant written laws relating to land, and without any conveyance, assignment, or transfer, vest in the Majlis for the purposes of this Act.
73 PART VII MOSQUES-73. Restriction on establishment of mosques.
(1) No person shall, without permission in writing of the Majlis, erect any building to be used as a mosque, or otherwise apply any building for the purposes of a mosque, or cause or permit any building to be used as a mosque.
(2) The Majlis shall not give its permission under subsection (1) unless the site of the building for the proposed mosque has been made a wakaf in perpetuity.
74 PART VII MOSQUES-74. Maintenance of mosques and compounds.
(1) The Majlis shall ensure that all mosques in the Federal Territories are kept in a proper state of repair and that the compounds thereof are maintained in a proper state of cleanliness; and the Majlis may raise and apply, or authorize the raising and application of, special funds for the purpose of such repairs and maintenance, or may defray the cost of such repairs and maintenance from the Fund.
(2) The Naqib Masjid or Imam shall promptly inform the Majlis of any want of repair in his mosque, and shall inspect or supervise any repairs as agent for and on behalf of the Majlis.
(3) No material alteration to the structure of a mosque shall be made without the permission in writing of the Majlis.
(4) The Majlis may direct a jawatankuasa kariah to keep the mosque for which it is responsible in a proper state of repair.
75 PART VII MOSQUES-75. Boundaries of kariah masjid.
The Majlis may at any time by notification in the Gazette determine, amend, or alter the boundaries of any kariah masjid .
76 PART VII MOSQUES-76. Appointment of the Pegawai Masjid.
(1) For every mosque in the Federal Territories there shall be appointed a Naqib Masjid , an Imam , an Imam Ratib , a Bilal , and a Pembantu Bilal .
(2) The posts of Naqib Masjid , Imam , and Bilal shall be posts in the general public service of the Federation.
(3) The Naqib Masjid , Imam , and Bilal shall be appointed by the Majlis from amongst persons serving in the Religious Administrative service.
(4) The Imam Ratib and Pembantu Bilal shall be appointed by the Majlis, on the advice of the Islamic Legal Consultative Committee, from amongst the anak kariah .
(5) Upon the commencement of this section, every person who, immediately before that commencement, was the Imam or Bilal of a mosque appointed under the Enactment shall be deemed to have been duly appointed under this section to be t
77 PART VII MOSQUES-77. Tauliah.
(1) Every person appointed by the Majlis to be a Pegawai Masjid , including every person deemed to have been so appointed under subsection (5) of section 76 shall be given a tauliah by the Majlis.
(2) Every Pegawai Masjid shall have such powers and duties as may be set out in their respective tauliah .
78 PART VII MOSQUES-78. Tenure of office of Pegawai Masjid.
(1) The appointment of a Pegawai Masjid may be terminated with a notice from the Majlis.
(2) No Imam Ratib and Pembantu Bilal shall remain in office after reaching the age of sixty years.
(3) It shall be the duty of the Secretary to bring to the notice of the Majlis any disgraceful conduct on the part of any Pegawai Masjid whether in relation to his duties as such or otherwise and to make any reasonable recommendations.
79 PART VII MOSQUES-79. Control and direction over Pegawai Masjid.
In the performance of their duties, the Imam , Imam Ratib , Bilal and Pembantu Bilal shall be subject to the control and direction of the Naqib Masjid .
80 PART VII MOSQUES-80. Abolition of office of Nazir.
Upon the commencement of section 76, the office of Nazir of a mosque shall cease to exist.
81 PART VII MOSQUES-81. The Jawatankuasa Kariah.
(1) The Majlis may, with the approval of the Yang di-Pertuan Agong, make rules for-
(a) the establishment of a jawatankuasa kariah ;
(b) prescribing the manner in which the members of the jawatankuasa kariah shall be appointed; and
(c) prescribing the functions of the jawatankuasa kariah .
(2) The jawatankuasa kariah , in conjunction with the Pegawai Masjid , shall-
(a) be responsible for the proper conduct and good order of the mosque and all Muslim burial grounds within its kariah ;
(b) be responsible for the good conduct of the anak kariah in matters relating to the religion of Islam; and
(c) give due and prompt information to the Majlis of all matters arising in the kariah that require the attention of the Majlis.
82 PART VII MOSQUES-82. Exemption.
(1) The Majlis may, by notification in the Gazette , exempt any mosque from all or any of the provisions of this part.
(2) The provisions of this Part, except section 72, shall not apply to the Masjid Negara.
83 PART VII MOSQUES-83. Power to amend Third Schedule.
The Majlis may, from time to time, amend the Third Schedule by notification in the Gazette .
84 PART VIII CHARITABLE COLLECTIONS-84. Charitable collections.
(1) The Majlis may collect, or grant an authorization letter with such terms as it thinks fit to any person or body of persons authorizing him or them to collect moneys or other contributions for any charitable purpose for the support and promotion of the religion of Islam or for the benefit of Muslims in accordance with Islamic Law.
(2) It shall be deemed to be a term of every such authorization letter that the grantee thereof and every other person authorized thereby to collect moneys or other contribution shall-
(a) issue in respect of every sum so collected a serially numbered receipt in the prescribed form;
(b) keep true and full accounts of all sums so collected and of the disposal thereof with all proper vouchers;
(c) produce on demand the counterfoils of such receipts and all such accounts and vouchers for inspection and audit by the Majlis;
(d) apply and d
85 PART IX CONVERSION TO ISLAM-85. Requirements for conversion.
(1) The following requirements shall be complied with for a valid conversion of a person to Islam:
(a) the person must utter in reasonably intelligible Arabic the two clauses of the Affirmation of Faith;
(b) at the time of uttering the two clauses of the Affirmation of Faith the person must be aware that they mean "I bear witness that there is no god but Allah and I bear witness that the Prophet Muhammad S.A.W. is the Messenger of Allah"; and
(c) the utterance must be made of the person's own free will.
(2) A person who is incapable of speech may, for the purpose of fulfilling the requirement of paragraph (1) (a) , utter the two clauses of the Affirmation of Faith by means of signs that convey the meaning specified in paragraph (b) of that subsection.
86 PART IX CONVERSION TO ISLAM-86. Moment of conversion.
A person is converted to Islam and becomes a Muslim as soon as he finishes uttering the two clauses of the Affirmation of Faith provided that the requirements of section 85 are fulfilled, and that person shall then be referred to as a muallaf .
87 PART IX CONVERSION TO ISLAM-87. Duties and obligations of a muallaf.
From the moment of his conversion, a muallaf becomes subject to the same duties and obligations as any other Muslim.
88 PART IX CONVERSION TO ISLAM-88. Registrar and Register of Muallafs.
A Registrar of Muallafs shall be appointed by the Majlis to maintain a Register of Muallafs in the prescribed form for the registration of muallafs.
89 PART IX CONVERSION TO ISLAM-89. Registration of Muallafs.
(1) A person who has converted to Islam may apply to the Registrar in the prescribed form for registration as a muallaf .
(2) If the Registrar is satisfied that the requirements of section 85 have been fulfilled in respect of the person, the Registrar may register his conversion by entering in the Register of Muallafs the name of the person and other particulars as indicated in the Register.
(3) The Registrar shall also determine the date of conversion and enter the date in the Register of Muallafs .
(4) In order to satisfy of the fact and date of conversion, and the other particulars to be entered in the Register of Muallafs , the Register may take such inquiries and call for such evidence as he considers necessary, but this subsection shall not be construed as precluding the Registrar from relying solely on the word of the applicant for conversion as far as the fact and date of conversion are c
90 PART IX CONVERSION TO ISLAM-90. Certificate of Conversion.
(1) The Registrar shall furnish every person whose conversion has been registered with a Certificate of Conversion in the prescribed form.
(2) A Certificate of Conversion shall be conclusive proof of the facts stated therein.
91 PART IX CONVERSION TO ISLAM-91. Recognition of muallafs as Muslims.
(1) A person who has converted to Islam and has been registered in the Register of Muallafs shall, for the purposes of any Federal or State law, and for all time, be treated as a Muslim.
(2) A person whose conversion to Islam has been registered under any law of any State shall, for all purposes in the Federal Territories and for the purposes of implementing in the Federal Territories the provisions of any law, be treated as a Muslim.
92 PART IX CONVERSION TO ISLAM-92. Determining whether non-registered person is a muallaf.
If any question arises within the Federal Territories as to whether a person is a muallaf , and the person is not registered in the Register of Muallafs or under any law of any State as a muallaf , that question shall be decided on the merits of the case in accordance with section 85.
93 PART IX CONVERSION TO ISLAM-93. Offence of giving false information.
Any person who, in an application for registration under section 89 or in response to any request for information or evidence made by the Registrar under that section, wilfully furnishes the Registrar with any false or misleading information or evidence shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.
94 PART IX CONVERSION TO ISLAM-94. Power to make rules.
The Majlis may make rules for the carrying into effect of the provisions of this Part.
95 PART IX CONVERSION TO ISLAM-95. Capacity to convert into Islam.
For the purpose of this Part, a person who is not a Muslim may convert into Islam if he is of sound mind and-
(a) has attained the age of eighteen years; or
(b) if he has not attained the age of eighteen years, his parent or guardian consents to his conversion.
EDITORIAL COMMETS AND ANNOTATIONS
Whether consent of single parent is enough under s 95(b) for conversion of minor
Refer to
Shamala Sathiyaseelan v. Dr Jeyaganesh C Mogarajah & Anor [2004] 1 MLRH 67 where the High Court stated that"The words used in s 95(b) of Act 505 are clear. The consent of a single parent is enough to validate the conversion of a minor. Any other interpretation would give an unjust result. It may lead into adopting a forced meaning t
96 PART X RELIGIOUS EDUCATION-96. The Religious Teaching Supervisory Committee.
(1) The Majlis shall appoint a committee to be known as the Religious Teaching Supervisory Committee, which shall consist of-
(a) a Chairman; and
(b) not less than three persons with appropriate experience, knowledge and expertise.
(2) The Secretary of the Majlis shall be the Secretary to the committee and shall be responsible for implementing the decisions of the committee.
(3) The committee shall have power to grant a tauliah for the purpose of teaching on any aspect of the religion of Islam and to withdraw such tauliah .
(4) The Majlis, with the approval of the Minister, may make rules providing for-
(a) the procedure, requirements and other matters relating to the granting of a tauliah under this section, including the fees chargeable;
(b) the procedure of the committee;
(c) t
97 PART X RELIGIOUS EDUCATION-97. Religious School.
The Majlis shall have power to register Islamic Religious schools in the Federal Territories.
98 PART X RELIGIOUS EDUCATION-98. Exemption.
The Majlis may exempt any person or class of persons from any provision of this Part.
99 PART XI GENERAL-99. Rules.
The Yang di-Pertuan Agong may, on the advice of the Majlis, make rules, which shall be published in the Gazette, for carrying out the provisions of this Act, and in particular, but without prejudice to the generality of the foregoing, such rules may provide for-
(a) the procedure of the Majlis, the form of and method of executing instruments by the Majlis, and the appointment of subordinate officers of the Majlis;
(b) the fees to be paid in respect of any act or thing done under or in pursuance of this Act, and the method of collecting and disposing of such fees;
(c) the appointment of committees of the Majlis and their powers, duties, and procedure;
(d) the forms, registers, books of account, reports, accounts, estimates, and other documents to be used in respect of any act or thing done under or in pursuance of this Act;
(e) the conduct of any c
100 PART XI GENERAL-100. Saving of rules and appointments.
All rules, proclamations, orders, notices, forms, authorization letters and appointments issued or made under or by virtue of any written law repealed by this Act shall remain in force, so far as they are not inconsistent with the provisions of, this Act, until revoked or replaced by rules, proclamations, orders, notices, forms, authorization letters or appointments issued or made under the provisions of this Act.
101 PART XI GENERAL-101. Transitional.
On the coming into force of this Act all the powers of the Court of the Chief Kathi or the Courts of a Kathi constituted under section 44 of the Enactment shall be taken over or exercised by the Courts constituted under section 40 and any reference to the Court of the Chief Kathi shall be deemed to be a reference to the Court constituted under subsection (2) of section 40.
102 PART XI GENERAL-102. Amendment of sections 165 and 166 of the Enactment.
(1) Section 165 of the Enactment in its application to the Federal Territories is amended by substituting for the words "112 of this Enactment, erects any mosque, or dedicates or otherwise applies any existing building as or for the purposes of a mosque", the words "73 of the Administration of Islamic Law (Federal Territories) Act 1993, erects any building to be used as a mosque, or otherwise applies any building for the purposes of a mosque, or causes or permits any building to be used as a mosque".
(2)Section 166 of the Enactment is amended by inserting, after the word " Kathi ", the words "or a tauliah granted under subsection 96(3) of the Administration of Islamic Law (Federal Territories) Act 1993".
103 PART XI GENERAL-103. Cessation of application of the Enactment.
Parts I, II, III, IV, V, VIII, and X (except sections 52 to 93 and 107 to 109) of the Enactment shall cease to apply to the Federal Territories.
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