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Tuesday, December 5, 2023

Govt committee to review states' competency in legislating syariah laws

The government has formed a committee to review the competency of state legislatures in legislating syariah laws.

The committee will also review the jurisdiction of the Syariah Court as per the Federal Constitution.

De facto Religious Affairs Minister Na'im Mokhtar said this was part of Putrajaya's efforts to resolve conflicts between the federal and state governments to uplift and strengthen the syariah legal system.

Bernama cited Na'im as saying at a press conference later that the committee would be looking into a broad range of matters.

"This special committee will look at and refine all matters involving overlaps between the syariah and civil courts, including issues involving religious conversion, property, inheritance claims, wills and so on," he said.

Under Malaysian law, Islamic laws are under the purview of each state, with the federal government only having jurisdiction in federal territories.

However, the Syariah Courts (Criminal Jurisdiction) Act (Act 355) imposes limits on punishments for syariah offences, which all states must abide.

Further, the Federal Court ruled in 2021 that states do not have the authority to legislate syariah punishments on matters that are already dealt with under federal law.

Another legal challenge along these same lines is being deliberated by the same court.

Na'im announced that the committee reviewing the matter of syariah jurisdiction will be chaired by former chief justice Zaki Azmi.

He will be joined by former federal court judge Mohd Zawawi Salleh, Selangor Islamic council member Salehuddin Saidin and Malacca chief syariah judge Nadzri Abdul Rahman.

Others on the committee are the Attorney-General's Chambers (AGC) syariah and law harmonisation division head Anas Ahmad Zakie, civil division deputy head Shamsul Bolhassan, and constitutional research unit chief Azirul Liza Abdullah.

Also on the committee are International Islamic University Malaysia legal dean Farid Sufian Shuaib and professor Wan Ahmad Fauzi Hashim, Malaysian Syariah Lawyers Association president Musa Awang, and syariah lawyer Zulqarnain Lukman.

The committee members received their mandate today. - Mkini

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