*ADMINISTRATION OF ISLAMIC LAW (FEDERAL TERRITORIES) ACT 1993

This Act shall come into force on a date to be appointed by the

Yang di-Pertuan Agong by notification in the Gazette.

The Yang di-Pertuan Agong may appoint different dates for the coming into force of different provisions of this Act.

Interpretation

in relation to the Federal Territory of Kuala Lumpur, as modified by the Federal Territory (Modification of

Administration of Muslim Law Enactment) Orders 1974,

1981 and 1988 [P.U. (A) 44/1974, 390/1981, 163/1988,

263/1988] made pursuant to subsection 6(4) of the

Constitution (Amendment) (No. 2) Act 1973 [Act A206]

and in force in the Federal Territory of Kuala Lumpur by

Administration of Islamic Law (Federal Territories) 11

virtue of subsection 6(1) of that Act and Administration of

Muslim Law (Amendment) Act 1984 [Act A576]; and

in relation to the Federal Territory of Labuan, as modified and extended by the Federal Territory of Labuan

(Modification and Extension of Administration of Muslim

Law Enactment) Order 1985 [P.U. (A) 352/1985] made pursuant to section 7 of the Constitution (Amendment)

(No. 2) Act 1984 [Act A585];

“Federal Territories” means the Federal Territories of Kuala Lumpur and Labuan;

“Fund” means the Fund known as Baitulmal established under section 60;

“Imam” means an Imam appointed under subsection 76(3);

“Imam Ratib” means an Imam Ratib appointed under subsection 76(4);

“Islamic Law” means Islamic Law according to any recognized Mazhab;

“Islamic Legal Consultative Committee” means Islamic Legal

Consultative Committee established under subsection 37(1);

“jawatankuasa kariah” means a jawatankuasa kariah established under rules made under section 81;

“kariah masjid”, in relation to a mosque, means the area, the boundaries of which are determined under section 75 in which the mosque is situated;

“Majlis” means the Majlis Agama Islam Wilayah Persekutuan established under subsection 4(1);

“Minister” means the Minister charged with responsibility for the administration of the religion of Islam in the Federal Territories;

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“mosque” means a building used for holding Friday and other prayers and activities enjoined, recommended, or approved by the religion of Islam, and includes any mosque or surau or madrasah listed in the Third Schedule;

“Mufti” means the person appointed to be the Mufti for the Federal

Territories under section 32, and includes the Deputy Mufti;

“Muslim” means—

a person who professes the religion of Islam;

a person either or both of whose parents were, at the time of the person’s birth, Muslims;

a person whose upbringing was conducted on the basis that he was a Muslim;

a person who has converted to Islam in accordance with the requirements of section 85;

a person who is commonly reputed to be a Muslim; or

a person who is shown to have stated, in circumstances in which he was bound by law to state the truth, that he was a Muslim, whether the statement be verbal or written;

“nazr” means an expressed vow to do an act or to dedicate property for any purpose allowed by Islamic Law;

“nazr ‘am” means a nazr intended wholly or in part for the benefit of the Muslim community generally or any section thereof, as opposed to an individual or individuals;

“Pegawai Masjid” means the Naqib Masjid, Imam, Imam Ratib, Bilal and Pembantu Bilal of a mosque;

“Pembantu Bilal” means a Pembantu Bilal of a mosque appointed under subsection 76(4);

Administration of Islamic Law (Federal Territories) 13

“Secretary” means the Secretary of the Majlis mentioned in section 14;

“Syariah Judge” or “Judge” means Judges of the Syariah High Court appointed under subsection 43(1) but does not include a Judge of the

Syariah Subordinate Courts appointed under subsection 44(1);

“Syariah Prosecutor” means an officer appointed under subsection 58(3);

“wakaf ‘am” means a dedication in perpetuity of the capital and income of property for religious or charitable purposes recognized by

Islamic Law, and the property so dedicated;

“wakaf khas” means a dedication in perpetuity or for a limited period of the capital of property for religious or charitable purposes recognized by Islamic Law, and the property so dedicated, the income of the property being paid to persons or for purposes prescribed in the wakaf.

All words and expressions used in this Act and not herein defined but defined in the Interpretation Acts 1948 and 1967 [Act 388]

shall have the meaning thereby assigned to them respectively to the extent that such meanings do not conflict with Islamic Law.

For the avoidance of doubt as to the identity or interpretation of the words and expressions used in this Act that are listed in the First

Schedule, reference may be made to the Arabic script for those words and expressions as shown against them therein.

Saving of prerogative

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).

Legal identity and powers of the Majlis

The Majlis may sue and be sued in its corporate name.

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.

The Majlis shall have power to act as an executor of a will or as an administrator of the estate of a deceased person or as a trustee of any trust.

The Majlis shall have such further powers and carry out such duties as may by this or by any other Act assigned to it.

Administration of Islamic Law (Federal Territories) 15

Committees

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.

The Majlis shall have power, for the purpose of the discharge of its duty under subsection (1)—

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—

The provisions of the Second Schedule shall apply to a corporation established by the Majlis under subsection (1).

Administration of Islamic Law (Federal Territories) 17

Power to establish companies and validation of companies established

Every company established or purported to be established by the

Majlis under the *Companies Act 2016 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).

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.

Borrowing powers

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.

Sums borrowed by virtue of this section shall be paid into the

Fund.

Membership of the Majlis

a Chairman;



*NOTE—Previuosly known as the Companies Act 1965 [Act 125] and has been repealed by the

Companies Act 2016 [Act 777] which comes into operation on 31 January 2017-see subsection 620(1) of

Act 777 and P.U. (B) 50/2017.

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a Deputy Chairman;

the Chief Secretary to the Government or his representative;

the Attorney General or his representative;

the Inspector-General of Police or his representative;

the Mufti;

the Commissioner of the City of Kuala Lumpur; and

fifteen other members, at least five of whom shall be persons learned in Islamic studies.

The Chairman, Deputy Chairman, and the members under paragraph (1)(h) 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.

A member whose term of office has expired may be reappointed.

If at any time the person holding the appointment mentioned in paragraph (c), (d), (e) or (g) is not a Muslim, the Yang di-Pertuan

Agong on the advice of the Minister shall appoint another officer who is a Muslim and next in seniority from the same Department or

Ministry to be a member in place of that person.

The persons who, immediately before the coming into force of this section, were the Chairman, Deputy Chairman, and appointed members of the Majlis Agama Islam Wilayah Persekutuan shall, subject to this Act, continue to be the Chairman, Deputy Chairman, and members of the Majlis respectively until the expiry of their current period of appointment.

Administration of Islamic Law (Federal Territories) 19

Termination of appointments

on his death;

if he, by letter addressed to the Yang di-Pertuan Agong through the Chairman, resigns his appointment; or

if he has been absent from Malaysia, without the written permission of the Chairman, for a period exceeding six months.

Revocation of appointments

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

if he has become incapable of properly carrying out his duties as a member; or

if, without any excuse which in the opinion of the

Chairman is sufficient, he has been absent from three successive meetings of the Majlis.

Appointments to be gazetted

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.

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.

Attendance of non-members at meetings

A person invited under subsection (1) shall be entitled to participate in the deliberations of the Majlis, but shall not be entitled to vote.

Presiding over meetings

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.

Quorum

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).

Summoning of meetings

The Chairman may at any time direct the Secretary to summon a meeting.

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.

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.

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.

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Notice of a meeting may be sent by post to a member addressed to his last-known place of residence and shall be deemed to have been served in due course of post.

No notice of meetings shall be necessary in the case of a member who is for the time being outside Malaysia.

Powers of Chairman

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.

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:

Administration of Islamic Law (Federal Territories) 23

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.

Meetings of the Majlis shall be held with such regularity that not more than three calendar months shall have elapsed between one meeting and the next.

Order of business and voting

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.

If on any resolution there is an equality of votes the Chairman shall have a casting vote.

Certified copies of resolutions

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.

Delegation of duties and powers

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.

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).

Secrecy

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.

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Authority of Mufti

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).

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.

A fatwa shall be recognized by all Courts in the Federal

Territories as authoritative of all matters laid down therein.

Form of fatwa

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.

Administration of Islamic Law (Federal Territories) 27

Amendment, modification or revocation of fatwa

An amendment, a modification or a revocation of a fatwa shall be deemed to be a fatwa and the provisions of subsections 34(3) and (4)

and subsection 35(2) shall apply thereto.

An amendment, a modification or a revocation of a fatwa shall cite that it is made pursuant to subsection (1).

The Islamic Legal Consultative Committee

The Committee shall consist of—

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.

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Of the persons referred to in subsection (3), two who are members of the Majlis shall be deemed to have been nominated under paragraph (2)(c) and the rest shall be deemed to have been appointed under paragraph (d) of that subsection.

Whenever the Mufti proposes to make a fatwa under section 34

he shall call a meeting of the Committee for the purpose of discussing the proposed fatwa.

Before the Mufti makes a fatwa, he may cause such studies or research to be conducted as he may direct and a working paper prepared.

Request for opinion from the Mufti

If the Mufti considers that following the qaul muktamad of the

Mazhab Syafie will lead to a situation which is repugnant to public interest, the Mufti may follow the qaul muktamad of the Mazhab

Hanafi, Maliki or Hanbali.

If the Mufti considers 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 of the four Mazhabs.

Administration of Islamic Law (Federal Territories) 29

The Yang di-Pertuan Agong may, on the advice of the Minister, by notification in the Gazette constitute a Syariah High Court for the

Federal Territories.

The Yang di-Pertuan Agong may, on the advice of the Minister, by notification in the Gazette constitute a Syariah Appeal Court for the

Federal Territories.

Appointment of Chief Syariah Judge

A person is qualified for appointment under subsection (1) if—

The person who, immediately before the commencement of this section, was holding the appointment of Kathi Besar under

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subsection 43(1) 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).

The appointment under this section shall be published in the Gazette.

Appointment of Judges of the Syariah Appeal Court

The names of the seven members shall be published in the Gazette.

Appointment of Judges of the Syariah High Court

A person is qualified for appointment under subsection (1) if—

The persons who, immediately before the commencement of this section, were holding the appointment of Kathi under subsection 43(1) 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 been appointed under subsection (1).

All appointments under this section shall be published in the Gazette.

Appointment of Judges of Syariah Subordinate Courts

All appointments under subsection (1) shall be published in the Gazette.

Registrars

A Syariah High Court shall—

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The Syariah Subordinate Court shall—

The Yang di-Pertuan Agong may from time to time by notification in the Gazette extend the civil jurisdiction of the Syariah

Subordinate Court.

Appeal to Syariah High Court

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;

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in its civil jurisdiction—

by any person aggrieved by the decision, if the amount claimed is not less than one thousand ringgit;

in any other case, if the Syariah High Court gives leave to appeal.

On any appeal, the Syariah High Court may—

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.

Inheritance certificates

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.

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Jurisdiction of Syariah Appeal Court

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.

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.

Supervisory and revisionary jurisdiction of the Syariah Appeal

Court

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.

Administration of Islamic Law (Federal Territories) 37

Composition of the Syariah Appeal Court

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.

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.

Decision by majority

In any such case as is mentioned in subsection (1), if there is no unanimous decision, the appeal shall be reheard.

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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 shall be reheard.

Appeal rules