THE federal Islamic Development Department (Jakim) is unconstitutional as no law in Malaysia allows for its establishment, said a former senior judge.

Former Court of Appeal judge Hishamudin Yunus said Jakim was created through an administrative decision and was originally intended to serve as a secretariat for the Council of Rulers.

The secretariat was meant to coordinate Islamic matters between the different peninsula states, Sabah and Sarawak, since the power to pass religious laws comes under them.

Jakim was created in 1997 under Dr Mahathir Mohamad’s first term as prime minister from the Islamic Affairs division of the Prime Minister’s Department.

However, no law exists to legitimise Jakim’s existence in its present form, that is, an agency that manages Islamic affairs at the national level, Hishamudin told a civil society forum today.

“It was initially created to serve as a secretariat but now, it is a giant with a huge budget,” Hishamudin told the forum held in conjunction with the launch of the latest G25 Malaysia book.

Hishamudin served as a  panellist alongside Associate Prof Dr Mohamed Azam Mohamed Adil of the Institute for Advanced Islamic Studies and Zainah Anwar of Muslim civil society group Musawah.

Hishamudin’s claims were echoed in G25 Malaysia’s three-year study on the country’s administration of Islam, titled Administration of Matters Pertaining to Islam.

Since its establishment, Jakim has expanded its functions to that beyond a secretariat, such as by issuing halal certificates and aiding in the development of policies regarding Islam. 

“The department needs to be reorganised and reformed so as to be aligned with the federal constitution and to be a more effective body operating on the principles of mercy, justice and compassion,” the book read.

A review of Jakim should be undertaken by the Council of Rulers to determine whether it is still relevant and if its functions can be performed by state authorities instead.

“Should the Council of Rulers still deem Jakim necessary, the constitution should be amended to include a provision to make Jakim constitutional,” the book read.  

G25 Malaysia chairman Mohd Sheriff Mohd Kassim, meanwhile, said the book and its contents will be discussed with Mujahid Yusof Rawa, the minister in the Prime Minister’s Department in charge of religious affairs. – January 11, 2020.