Why G25 is wrong about Jakim and NCIA

With the greatest of respect, I beg to differ with G25, which has questioned the constitutionality of the formation of the National Council for Islamic Affairs (NCIA) and Department of Islamic Department Malaysia (Jakim).

According to G25 in the report “G25 questions constitutional validity of Jakim, national Islamic council”, there is no stipulation within the Federal Constitution for the setting up of such organisations.

In my humble view, NCIA and Jakim are constitutional. This is particularly so when one reads Article 12(2) of the Federal Constitution, which was not referred to by G25.

Article 12 provides for rights in respect of education.

Article 12(1) prohibits discrimination on the grounds of religion, race, descent or place of birth in the administration of any educational institution or in providing for financial aid for the maintenance or education of pupils or students in any educational institution.

Article 12(2) adds to the above right by the following provision:

“Every religious group has the right to establish and maintain institutions for the education of children in its own religion, and there shall be no discrimination on the ground only of religion in any law relating to such institutions or in the administration of any such law; but it shall be lawful for the Federation or a State to establish or maintain or assist in establishing or maintaining Islamic institutions or provide or assist in providing instruction in the religion of Islam and incur such expenditure as may be necessary for the purpose.”

Article 12(2) in its current form came into force in August 1976 pursuant to the Amendment Act A354 which replaced the earlier Article 12(2) which stated that “federal law or State law may provide for special financial aid for the establishment or maintenance of Muslim institutions or the instruction in the Muslim religion of persons professing that religion.”

I believe that as a former Court of Appeal judge, G25 member Hishamudin Yunus will have noticed, among others, that the words “federal law or State law may provide for special aid for the establishment … of Muslim institutions” have been substituted with “it shall be lawful for the Federation or a State to establish … Islamic institutions”.

Looking at the history of NCIA and Jakim, I would also add that both are part of the machinery of Federal Government which is listed in the Federal List of the Ninth Schedule.

In short, the NCIA and Jakim are constitutional.

Hafiz Hassan is an FMT reader.