Malaysia legislation

Section 2

of ADMINISTRATION OF ISLAMIC LAW (FEDERAL TERRITORIES) (AMENDMENT) ACT 2025

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)—

(a)

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

4

(b)

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;’;

(c)

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;’;

(d)

by deleting the definition of “Islamic Legal Consultative

Committee”;

(e)

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);’;

(f)

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);’;

(g)

by deleting the definition of “Fund”;

(h)

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)

(i)

by inserting after the definition of “Syariah Prosecutor”

the following definition:

‘  “wakaf” means—

(a)

to surrender the title of any property from which its benefit or interest may be enjoyed;

(b)

to surrender the benefit or interest which may be enjoyed from any property; or

(c)

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];’;

(j)

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

(k)

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

Section 2 — AKTA PENTADBIRAN UNDANG-UNDANG ISLAM (WILAYAH-WILAYAH PERSEKUTUAN (PINDAAN) 2025