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Report By Special Committee On State Assemblies’ Competence In Enacting Islamic Laws Ready For Tabling

Kuala Lumpur: The special committee reviewing the competency of state legislative assemblies to enact Islamic laws has finalized a study report, which will soon be presented at the National Council for Islamic Religious Affairs (MKI) meeting and the Conference of Rulers for approval. Minister in the Prime Minister’s Department (Religious Affairs), Datuk Dr Mohd Na’im Mokhtar, confirmed this development during a session at the Dewan Negara.

According to BERNAMA News Agency, the study encompasses a range of critical aspects, including the authority of state legislative assemblies to enact Islamic laws, the jurisdiction of the Syariah Court, and the harmonization of civil and Syariah law. A briefing on the committee’s work was previously presented at the 72nd MKI Meeting on August 23, 2024.

To ensure the study’s comprehensiveness, the special committee engaged with various stakeholders. Mohd Na’im highlighted that consultations were held with the MKI Muzakarah Committee, state muftis, state Islamic Religious Councils, state Syariah chief judges, the Syariah Judiciary Department Malaysia, Islamic non-governmental organizations, and legal and constitutional experts. This inclusive approach aimed to examine relevant aspects holistically, considering the Federal Constitution, civil and Syariah legislation, including Hukum Syarak.

In response to a question from Senator Musoddak Ahmad about including non-Muslim experts in the committee, Mohd Na’im clarified that while the committee did not comprise non-Muslims, engagement sessions were conducted with non-Muslim organizations. These sessions aimed to gather insights on issues concerning non-Muslims, such as marriage, conversion to Islam, and jurisdictional overlaps between Syariah and civil courts.

Senator Hussin Ismail raised a supplementary question regarding non-Muslim involvement in drafting Islamic laws. Mohd Na’im responded that the committee consulted non-Muslim organizations to understand their perspectives on issues that affect them but do not involve Muslims directly. This approach ensures the committee acts as a primary reference for assessing jurisdictional overlaps between states and the federation.

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