Malaysia

S’gor ruler orders study on state assemblies’ competency to enact Islamic laws

Sultan says this is due to number of shariah cases challenged in apex court

Updated 3 years ago · Published on 28 Aug 2023 3:10PM

S’gor ruler orders study on state assemblies’ competency to enact Islamic laws
Sultan Sharafuddin Idris Shah is of the opinion that it can only be resolved by taking legislative action through specific amendments to the relevant laws to grant the state assemblies broader powers in formulating provisions related to shariah criminal offences for Muslims. – Bernama pic, August 28, 2023

SHAH ALAM – The sultan of Selangor, Sultan Sharafuddin Idris Shah has ordered the immediate establishment of a special committee to conduct an in-depth and critical study on the competency of state assemblies to enact Islamic laws under state enactments and the jurisdiction of shariah courts.

Sultan Sharafuddin, who is also the National Council for Islamic Religious Affairs (MKI), chairman said this is due to the number of cases under the jurisdiction of shariah courts being challenged at the Federal Court, particularly concerning the state assembly’s competence in formulating and approving Islamic (shariah) laws, as well as the jurisdiction of the shariah courts that preside over them.

“This trend shows the position of state enactments that pertain to shariah criminal offences is being increasingly challenged thereby affecting the jurisdiction of the shariah courts in the states to adjudicate on them,” he said.

The Selangor ruler said this at MKI’s 70th meeting at the Sultan Salahuddin Abdul Aziz Shah, here, today.

Also present was Prime Minister Datuk Seri Anwar Ibrahim, who is also MKI deputy chairman.

Sultan Sharafuddin is of the opinion that it can only be resolved by taking legislative action through specific amendments to the relevant laws to grant the state assemblies broader powers in formulating provisions related to shariah criminal offences for Muslims.

He stated that the special committee should propose amendments to the relevant laws including provisions in the federal constitution to create comprehensive solutions to these issues.

“The special committee should consist of constitutional law experts, civil and shariah law experts, academics, and not forgetting legal practitioners who possess the qualifications, skills and extensive experience in both civil law and shariah law,” he noted.

In light of this, Sultan Sharafuddin said he hoped that religious affairs minister Datuk Mohd Na’im Mokhtar, who was also present, could take immediate steps towards the formation of the special committee and propose the solutions to MKI and the Conference of Rulers.

Meanwhile, the Selangor ruler informed that the 70th MKI meeting will discuss a policy paper that outlines comprehensive and detailed guidelines on the use of the word ‘Allah’ by non-Muslims.

“All decisions reached by MKI regarding the issue of the term ‘Allah’ will be presented at the Conference of Rulers’ upcoming meeting, thus a policy concerning the usage of the word ‘Allah’ by non-Muslims in this country will be finalised,” he added.

Sultan Sharafuddin said during a discussion with the prime minister on June 7, he had expressed his views as the MKI chairman that the issue regarding the use of the word ‘Allah’ by non-Muslims must first be discussed at the MKI level.

“My view on this matter has also been approved by His Majesty the Yang di-Pertuan Agong.  This matter is in line with the function of MKI, which is responsible for advising the Malay rulers in improving the administration of Islamic affairs,” he added.

He said that given that this is a sensitive issue, it needs to be studied thoroughly, wisely and resolved responsibly without delay. – Bernama, August 28, 2023

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