PUTRAJAYA – The Conference of Rulers has consented to the establishment of the National Shariah Judiciary Committee to be formed under the National Council for Islamic Religious Affairs.
Minister in the Prime Minister’s Department (Religious Affairs) Datuk Mohd Na’im Mokhtar has said that the committee is being established to study and continuously monitor issues that arise in the shariah courts.
He said the names of committee members, who include state chief syarie judges, have been submitted to the Conference of Rulers for consent.
“The establishment of the National Shariah Judiciary Committee has been consented to by the Conference of Rulers at their last meeting.
“The committee is a permanent committee compared to the special committee to study issues related to the competencies of the state legislative assemblies in enacting Islamic laws, which is an ad hoc committee established upon the decree of Sultan of Selangor Sultan Sharafuddin Idris Shah,” he said after an event here today.
On the special committee to study issues related to the competencies of the state legislatures in enacting Islamic laws – which is chaired by former chief justice Tun Zaki Azmi – Na’im said it had convened eight meetings between December last year and this month.
“The Selangor ruler, as the chairman of the National Council for Islamic Religious Affairs, has given the special committee a year to submit their report and recommendations.
“The one-year period was given due to terms of reference as the committee will not only study the cases of Iki Putra Mubarak and Nik Elin Zurina Nik Abdul Rashid, but also to gain a broader perspective on how the shariah courts, the shariah judicial institution, can be further dignified, protected, and strengthened,” he said.
Na’im also suggested the establishment of a shariah enforcement department in all states to further strengthen Islamic law.
Currently, state Islamic religious departments only have enforcement sections and not departments, he added.
“For example, in the Federal Territories Islamic Religious Department (JAWI), there used to be a shariah prosecution division and now the division has become the Shariah Prosecution Department, but it is still under JAWI.
“So to ensure that this enforcement division can act independently to conduct investigations and make arrests, there is a need to make it a department,” he said.
However, he said, the proposal would only be seriously considered after the states establish separate shariah prosecution departments.
“Currently, in most states, the enforcement aspect remains under the Islamic Religious Department. We want to ensure that all states establish a shariah prosecution department first, then we will discuss (establishing an enforcement department),” he said. – February 16, 2024