Selangor ruler: Study state assemblies' competency to enact Islamic laws

Selangor ruler 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 legislative assemblies to enact Islamic laws under state enactments and the jurisdiction of Syariah Courts.

Sultan Sharafuddin, who is also the National Council for Islamic Religious Affairs (MKI) chairperson, said this is due to the number of cases under the jurisdiction of Syariah Courts being challenged at the Federal Court, particularly concerning the competency of state legislative assemblies in formulating and approving Islamic (syariah) laws, as well as the jurisdiction of the Syariah Courts that preside over them.

“This trend shows the position of state enactments that pertain to syariah criminal offences is being increasingly challenged, thereby affecting the jurisdiction of the Syariah 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, Shah Alam, today. Also present was Prime Minister Anwar Ibrahim, who is also MKI deputy chairperson.

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 legislative assemblies broader powers in formulating provisions related to syariah 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.

Policy paper

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

In light of this, Sultan Sharafuddin said he hoped that the Minister in the Prime Minister’s Department (Religious Affairs) Mohd Na'im Mokhtar, who was also present, could take immediate steps towards the formation of the special committee and propose 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 chairperson 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