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ADMINISTRATION OF ISLAMIC LAW (FEDERAL TERRITORIES) (AMENDMENT) ACT 2025 is Malaysia Amendment Act, cited as Amendment Act A1749 2025, currently marked in force and first recorded in 2025.
Opening note
This Act comes into operation on a date to be appointed by the Yang di-Pertuan Agong by notification in the Gazette and the Yang di-Pertuan Agong may appoint different dates for the coming into operation of different provisions of this Act.
Amendment of section 2
The Administration of Islamic Law (Federal Territories)
Act 1993 [Act 505], which is referred to as the “principal Act”
in this Act, is amended in subsection 2(1)—
by inserting after the definition of “anak kariah”
the following definition:
‘ “Baitulmal” means the fund established under section 60;’;
ADMINISTRATION OF ISLAMIC LAW
(FEDERAL TERRITORIES) (AMENDMENT)
ACT 2025
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by substituting for the definition of “Syariah Judge”
or “Judge” the following definition:
‘ “Syariah Judge” or “Judge” means the
Chief Syariah Judge, Judges of the Syariah Appeal Court,
Judges of the Syariah High Court or Judges of the
Syariah Subordinate Courts, as the case may be;’;
by substituting for the definition of “Islamic Law” the following definition:
‘ “Islamic Law” means Islamic Law according to the Mazhab Syafie, or according to one of the
Mazhab Maliki, Hanafi or Hanbali;’;
by inserting after the definition of “wakaf ‘am”
the following definition:
‘ “Wakaf Committee” means Wakaf Committee of the Majlis Agama Islam Wilayah Persekutuan established under subsection 61a(1);’;
by substituting for the definition of “Chief Syariah
Prosecutor” the following definition:
‘ “Chief Syariah Prosecutor” or “Deputy Chief
Syariah Prosecutor” means an officer appointed under subsection 58(1);’;
by substituting for the definition of “Mufti” the following definition:
‘ “Mufti” means the Mufti appointed under section 3
of the Mufti (Federal Territories) Act 202...
[Act ...];’;
Administration of Islamic Law (Federal Territories)
(Amendment)
by inserting after the definition of “Syariah Prosecutor”
the following definition:
‘ “wakaf” means—
to surrender the title of any property from which its benefit or interest may be enjoyed;
to surrender the benefit or interest which may be enjoyed from any property; or
to contribute the expertise and services from which its benefit or interest may be enjoyed, whether as wakaf ‘am or wakaf khas, but does not include a trust as defined under the Trustee Act 1949
[Act 208];’;
by substituting for the definition of “wakaf ‘am”
the following definition:
‘ “wakaf ‘am” means wakaf for the purposes of general welfare in accordance with Islamic Law;’; and
by substituting for the definition of “wakaf khas”
the following definition:
‘ “wakaf khas” means wakaf for the purposes of specific welfare or for specific party in accordance with Islamic Law.”.
Amendment of section 7
Subsection 7(2) of the principal Act is amended—
by substituting for paragraph (e) the following paragraph:
“(e) to establish any scheme for the granting of loans from the Baitulmal other than zakat money to
Muslim individuals for the purpose of pursuing higher education;”;
in paragraph (f), by deleting the word “and” at the end of the paragraph; and
by inserting after paragraph (f) the following paragraph:
“(fa) to establish, maintain and manage welfare homes, shelters and rehabilitation centre; and”.
Amendment of section 9
Subsection 9(2) of the principal Act is amended by substituting for the word “Fund” the word “Baitulmal”.
Amendment of section 10
by substituting for paragraph (b) the following paragraph:
“(b) the Director General of the Department of
Islamic Development of Malaysia as the
Deputy Chairman;”;
by substituting for paragraph (e) the following paragraph:
“(e) the Chief Police Officer of the Federal Territory of Kuala Lumpur or his representative;”; and
by inserting after paragraph (f) the following paragraph:
“(fa) the Director of the Federal Territory Islamic
Religious Department;”.
Administration of Islamic Law (Federal Territories)
(Amendment)
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Amendment of section 12
Section 12 of the principal Act is amended—
by substituting for paragraph (c) the following paragraph:
“(c) if he has been absent from three consecutive meetings of the Majlis without leave of the Chairman or, in the case where the member is the Chairman, without leave of the Minister;”; and
by inserting after paragraph (c) the following paragraphs:
“(d) if he has acted contrary to the policy or interest of the Majlis; or
Section 14 of the principal Act is amended by substituting for subsection (1) the following subsection:
“(1) The Majlis may, with the approval of the Minister, appoint any fit and proper person to be the Secretary of the Majlis.”.
Amendment of section 22
Subsection 22(2) of the principal Act is amended by deleting the word “verbatim”.
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New section 27a
The principal Act is amended by inserting after section 27
the following section:
“Appointment of officers and servants of Majlis 27a. The Majlis may appoint or employ such number of officers and servants as the Majlis deems necessary to assist it in carrying out its functions.”.
Deletion of Part III
The principal Act is amended by deleting Part III.
New section 40a
The principal Act is amended by inserting after section 40
the following section:
“Conduct of proceedings at other place or through remote communication technology 40a. (1) Notwithstanding section 40, a Judge or Registrar conducting proceedings for a civil case may determine that the proceedings or any part of the proceedings is conducted—
Subsection (1) applies where the Judge or Registrar is satisfied that—
having regard to the circumstances of the case, it is appropriate for the determination under subsection (1) to be made.
Administration of Islamic Law (Federal Territories)
(Amendment)
In conducting proceedings pursuant to subsection (1), the Judge or Registrar shall ensure that—
the conduct of the proceedings complies with the law for the time being in force, Islamic Law and any direction made by the appropriate authority;
and
the conduct of the proceedings does not compromise justice, does not amount to abuse of the process of the Court and is not tainted with doubt, fraud and suspicion.
The place where the proceedings are conducted pursuant to subsection (1) shall be deemed to be the Court constituted under section 40.
For the purposes of this section—
“Registrar” means the Registrar appointed under section 45;
“remote communication technology” means a live video link, a live television link or any other electronic means of communication.”.
Amendment of section 43
Section 43 of the principal Act is amended in subparagraph (2)(b)(i) by substituting for the words “a State”
the words “the Federal Territories or any State”.
Amendment of section 46
Section 46 of the principal Act is amended in subparagraph (2)(b)(vii) by inserting before the word “wakaf”
the words “zakat,”.
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New section 57b
The principal Act is amended by inserting after section 57a the following section:
“Practice directions 57b. The Chief Syariah Judge may, from time to time, issue such practice directions as may be necessary for the purpose of carrying into effect the provisions of this
Act or any other written law relating to Syariah Court civil procedure, Syariah criminal procedure, Islamic family and Syariah evidence.”.
Amendment of section 58
by substituting for the shoulder note the following shoulder note:
“Appointment of Chief Syariah Prosecutor, Deputy
Chief Syariah Prosecutors, Syariah Prosecutors and
Religious Enforcement Officers”;
by substituting for subsection (1) the following subsection:
“(1) The Yang di-Pertuan Agong may, on the advice of the Minister, appoint a Chief Syariah Prosecutor and such numbers of Deputy Syariah Prosecutors from among the officers of the Syariah Officer’s Scheme in the general public service of the Federation.”;
by inserting after subsection (1) the following subsection:
“(1a) A person is qualified to be appointed under subsection (1) if he—
is a Muslim; and
Administration of Islamic Law (Federal Territories)
(Amendment)
immediately before his appointment, is holding any office in the Syariah Officer’s
Scheme in the general public service of the Federation for a continuous period of not less than ten years.”;
by substituting for subsection (3) the following subsection:
“(3) The Chief Syariah Prosecutor may appoint fit and proper persons from among the Syariah Officer’s
Scheme in the general public service of the Federation to be Syariah Prosecutors.”; and
by inserting after subsection (3a) the following subsection:
“(3b) The Deputy Chief Syariah Prosecutors shall have all powers of a Syariah Prosecutor and shall act as Chief Syariah Prosecutor during the absence or inability of the Chief Syariah Prosecutor.”.
New section 59a
Part VI of the principal Act is amended by inserting before section 60 the following section:
“Interpretation 59a. For the purposes of this Part—
“property” includes—
all movable property or immovable property, including intellectual property and all benefits, usufructs or interests, whether equitable or legal, in the movable property or immovable property; and
expertise or services having value in accordance with Islamic Law;
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“istibdal” means the replacement of a mawquf with another property or money having the same value as or higher value than the mawquf, by exchanging, purchasing, selling or otherwise deal with the property in any manner in accordance with Islamic Law;
“mawquf” means any property that is surrendered and contributed by any person as a wakaf;
“mawquf ‘alaih” means a person who is entitled to receive any benefit, usufruct or interest from a mawquf;
“mutawalli” or “qayyim” means any person appointed by the Wakaf Committee under paragraphs 61a(3)(b) and (c), respectively.”.
Amendment of section 60
Section 60 of the principal Act is amended—
by substituting for subsection (1) the following subsection:
“(1) A fund to be known as “Baitulmal” is established.”;
by inserting after subsection (1) the following subsection:
“(1a) The Baitulmal 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 Baitulmal.”; and
by substituting for the word “Fund”
the word “Baitulmal”; and
in the proviso, by inserting after the words
“trust funds” the words “which is in accordance with Islamic Law”.
Administration of Islamic Law (Federal Territories)
(Amendment)
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New section 61a
The principal Act is amended by inserting after section 61
the following section:
“Wakaf Committee 61a. (1) For the purpose of exercising its powers under section 61, the Majlis shall establish a committee to be known as the “Wakaf Committee of the Majlis Agama Islam
Wilayah Persekutuan”.
The Wakaf Committee shall have the following functions:
collecting and receiving any mawquf;
to appoint any person as a qayyim to carry out any one or two of the following functions:
collecting and receiving any mawquf;
to recognize any administrator appointed by the person who surrenders and contributes his property as mawquf (waqif);
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to acquire any property as a mawquf by using money from Baitulmal or other approved sources in accordance with Islamic Law;
to carry out any directives, policies or decisions of the Majlis in relation to wakaf;
to do such other things as it thinks fit to enable it to perform its functions effectively or which are incidental to the performance of its functions.
The Majlis may, with the approval of the
Yang di-Pertuan Agong, make rules providing for—
the matters relating to the appointment of a mutawalli and qayyim and the recognition of an administrator;
the matters relating to the management, development and implementation of wakaf;
the appointment and responsibilities of the Chief Registrar of Wakaf and Registrar of Wakaf and the Register of Wakaf;
the pillars, conditions and methods of wakaf;
Administration of Islamic Law (Federal Territories)
(Amendment)
Section 63 of the principal Act is amended by substituting for subsection (1) the following subsection:
“(1) A Nazr made by way of will or death-bed gift and involving more than one-third of the property of the person making the nazr shall be invalid in respect of the excess beyond such one-third unless consented by the heir.”.
Amendment of section 64
Subsection 64(2) of the principal Act is amended by substituting for the word “Fund” the word “Baitulmal”.
Amendment of section 65
Section 65 of the principal Act is amended by substituting for the word “Fund” wherever appearing the word “Baitulmal”.
Amendment of section 68
Section 68 of the principal Act is amended by substituting for the word “Fund” the word “Baitulmal”.
Amendment of section 70
Section 70 of the principal Act is amended by substituting for the word “Fund” the word “Baitulmal”.
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Amendment of section 71
by substituting for the shoulder note the following shoulder note:
“Bank account”;
in subsection (1), by substituting for the word “banker”
the words “licensed Islamic bank under the Islamic
Financial Services Act 2013 [Act 759]”;
in subsection (2), by deleting the words “Payments by the Majlis of amounts exceeding fifty ringgit shall be made by cheque.”; and
by substituting for subsection (3) the following subsection:
“(3) Procedure for drawing money from any bank account of the Majlis shall be in the manner as determined by the Majlis.”.
Amendment of section 73
Section 73 of the principal Act is amended by inserting after subsection (2) the following subsection:
“(3) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding one year or to both.”.
Amendment of section 74
in subsection (1), by substituting for the word “Fund”
the word “Baitulmal”; and
in subsection (2), by substituting for the words
“Naqib Masjid or Imam” the words “jawatankuasa kariah”.
Administration of Islamic Law (Federal Territories)
(Amendment)
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Amendment of section 76
Section 76 of the principal Act is amended—
in subsection (3), by substituting for the words
“Religious Administrative service” the words
“Islamic Affairs service”; and
in subsection (4), by deleting the words “, on the advice of the Islamic Legal Consultative Committee,”.
Amendment of section 78
Section 78 of the principal Act is amended by substituting for subsection (2) the following subsection:
“(2) An Imam Ratib and a Pembantu Bilal shall not hold office after reaching the age of sixty years old unless the Majlis is satisfied that it is necessary and appropriate for the Imam Ratib and Pembantu Bilal to hold the office after reaching that age.”.
Amendment of section 82
Subsection 82(2) of the principal Act is amended by inserting after the words “Masjid Negara” the words “, Masjid Putra and
Masjid Tuanku Mizan Zainal Abidin”.
Amendment of section 84
in paragraph (2)(b), by inserting after the word “keep”
the words “and maintain”;
by substituting for the words “Moneys collected”
the words “Moneys and other contributions collected”; and
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in subsection (4), by inserting after the words
“collection of money” the words “or other contributions”;
and
by substituting for subsection (5) the following subsection:
“(5) Any person who contravenes subsection (4)
commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.”.
Substitution of section 88
The principal Act is amended by substituting for section 88
the following section:
Quoted provision
The Majlis may appoint such number of Registrar of
Muallafs as it deems necessary to assist the Chief Registrar in the performance of its functions and the exercise of its powers under this Act.”.
Amendment of section 89
“Chief Registrar, Registrar and Register of Muallafs
Section 89 of the principal Act is amended by substituting for the word “Registrar” wherever appearing the words
“Chief Registrar”.
Administration of Islamic Law (Federal Territories)
(Amendment)
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Amendment of section 90
Subsection 90(1) of the principal Act is amended by substituting for the word “Registrar” the words “Chief Registrar”.
Amendment of section 93
Section 93 of the principal Act is amended by substituting for the word “Registrar” wherever appearing the words “Chief
Registrar”.
Deletion of section 96
The principal Act is amended by deleting section 96.
Amendment of section 99
in the national language text, by substituting for the word “kelulusan” the word “keluasan”;
in paragraph (a), by substituting for the words
“subordinate officers” the words “officers and servants”;
in paragraph (h), by inserting after the word “determination”
the words “, amendment, alteration”;
in paragraph (j), by substituting for the full stop at the end of the paragraph a semicolon; and
by inserting after paragraph (j) the following paragraphs:
“(k) matters in connection with nazr or trusts;
administration, management, control, maintenance and supervision of welfare homes, shelters and rehabilitation centre; and
other matters for the better carrying out of the provisions of this Act.”.
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New section 99a
The principal Act is amended by inserting after section 99
the following section:
“Lacuna 99a. If there is a lacuna or where any matter is not expressly provided for in this Act, Islamic Law shall apply.”.
Deletion of sections 101 and 102
The principal Act is amended by deleting sections 101
and 102.
Saving and transitional
All persons who are appointed under the principal Act immediately before the commencement of this Act as mutawalli or qayyim shall, on the commencement of this Act, continue to act as such until the end of the term of their agreement.
The Administration of Islamic Law (Federal Territories)
(Tauliah to Teach the Religion of Islam) Rules 2006
[P.U. (A) 74/2006] made under subsection 96(4) of the principal
Act shall continue in force until amended or revoked.
All actions and proceedings commenced or pending immediately before the commencement of this Act shall, on the commencement of this Act, be continued or concluded under the principal Act as if the principal Act had not been amended by this Act.