Kuala lumpur: The Department of Islamic Development Malaysia (JAKIM) is formulating a legal framework to address inconsistencies in state legislation affecting Muslims. Its director-general Datuk Dr Sirajuddin Suhaimee highlighted that one key issue arising from these legal inconsistencies is the restriction on syarie lawyers, who are currently limited to practising only in the states specified in their appointment letters.

According to BERNAMA News Agency, one of the challenges includes claims for nafkah, or financial support, involving divorced couples residing in different states. This poses significant difficulties, as syarie lawyers are not permitted to practise across state lines. Dr Sirajuddin provided an example, explaining that if a husband resides in Kelantan and the wife in Johor, a Johor-based syariah lawyer cannot represent the case in a Kelantan court. This restriction complicates the situation for the community and increases costs, as individuals need to hire two separate lawyers.

To mitigate these issues, JAKIM is drafting a clause in the state enactment to allow for the cross-state recognition of accredited syarie lawyers. Dr Sirajuddin stated that this initiative to create a model for standardising state-level Islamic law has received support from the National Council for Islamic Religious Affairs (MKI) and has been consented to by the Conference of Rulers. He clarified that the model is not designed to override the religious authority held by the states but rather aims to protect the interests of the Muslim community.

Dr Sirajuddin emphasized that developing this model represents a significant step in legal diplomacy, harmonising views between the federal government and state religious authorities. Additionally, he noted that JAKIM has developed legal models covering family-related matters, hibah, and Islamic administration. The intention is to develop more legal models that can serve as examples for states in implementing and drafting laws at the state level.