G25 questions constitutional validity of Jakim, national Islamic council

(FMT) – The G25 group of former top civil servants has alleged that the government took unconstitutional actions when it established the National Council for Islamic Affairs (NCIA) and the Islamic development corporation known as Jakim.

In a report on the “Administration of Matters Pertaining to Islam” released this morning, the group said there were no provisions in the constitution for the two bodies to be set up.

The NCIA was instituted to be the highest national authority for the coordination of Islamic administrative matters. Jakim serves as its secretariat.

“Matters pertaining to the Muslim religion and Malay customs are within the exclusive jurisdiction of the state legislatures and the state executive councils,” the report presented by Asiah Abu Samah, chairman of the report’s working committee, said.

It acknowledged that the people who drafted the Federal Constitution did propose allowing the Yang di-Pertuan Agong, in consultation with the Conference of Rulers, to set up a department to coordinate religious affairs at the federal level.

But it said this was never included in the final document.

The report noted that the powers of the Conference of Rulers, which are limited to those prescribed under Article 38 of the constitution, do not include establishing a federal agency such as the NCIA or Jakim.

“Be that as it may, we do appreciate that the intention of establishing the NCIA is to have a federal agency to coordinate and to promote uniformity in the administration of Islamic law among the states,” it said.

The constitution would need to be amended If there was a need for such an agency, it said.

But even if the NCIA were to be legally established, it added, its role would be confined to advising the states, which would not be obliged to heed its advice.

G25 noted that Jakim, on top of serving as the NCIA secretariat, had also been entrusted with such functions as the development of Islam and missionary activities.

“The substance of these functions, arguably, exceed the executive authority of the federation (exercisable by the Cabinet), given that the executive authority of the federation does not extend to the Muslim religion except for the Federal Territories only,” the report said.

The Cabinet’s entrusting of these specific functions to Jakim was therefore inconsistent with the constitution, it said.

The report said a legal challenge of the validity of these functions could provide greater clarity and would “be of great public interest, particularly given that much of the deliberations of the NCIA or Jakim do not seem to be openly available to the public”.

The report was launched at the Persatuan Alumni Universiti Malaya clubhouse in Kuala Lumpur.

Also present were Suhakam commissioner Madeline Berma, Parent Action Group for Education chairman Noor Azimah Rahim, prominent thinker Chandra Muzaffar and Muslim activist Dr Ahmad Farouk Musa.