ADMINISTRATION OF ISLAMIC LAW (FEDERAL TERRITORIES) ACT 1993

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 505 ADMINISTRATION OF ISLAMIC LAW (FEDERAL TERRITORIES) ACT 1993 Incorporating all amendments up to 21 June 2022 This text is ONLY AN UPDATED TEXT of the Administration of Islamic Law (Federal Territories) Act 1993 by the Attorney General’s Chambers. Unless and until reprinted pursuant to the powers of the Commissioner of Law Revision under subsection 14(1) of the Revision of Laws Act 1968 [Act 1], this text is NOT AN AUTHENTIC TEXT. 2 ADMINISTRATION OF ISLAMIC LAW (FEDERAL TERRITORIES) ACT 1993 Date of Royal Assent … … … … 7 July 1993 Date of publication in the Gazette … … … … 15 July 1993 Latest amendment made by Act A1606 which came into operation on … … … … 21 June 2022 PREVIOUS REPRINTS First Reprint … … … … … … … … … … 2002 Second Reprint … … … … … … … … … 2006 Third Reprint … … … … … … … … 2021 3 LAWS OF MALAYSIA Act 505 ADMINISTRATION OF ISLAMIC LAW (FEDERAL TERRITORIES) ACT 1993 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title, application and commencement 2. Interpretation 3. Saving of prerogative PART II THE MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN 4. Establishment of the Majlis 5. Legal identity and powers of the Majlis 6. Committees 7. Duty of the Majlis for socio-economic development of Muslims 8. Powers to establish corporations 8A. Power to establish companies and validation of companies established 9. Borrowing powers 10. Membership of the Majlis 11. Termination of appointments 12. Revocation of appointments 13. Appointments to be gazetted 4 Laws of Malaysia ACT 505 Section 14. Secretary 15. Attendance of non-members at meetings 16. Presiding over meetings 17. Quorum 18. Conduct of business 19. Summoning of meetings 20. Powers of Chairman 21. Duties and powers of Secretary 22. Minutes 23. Order of business and voting 24. Certified copies of resolutions 25. Leave 26. Acting in emergency 27. Delegation of duties and powers 28. Secrecy 29. Public servant 30. Majlis may determine its own procedure 31. Authority of Majlis PART III APPOINTMENT OF MUFTI, AUTHORITY IN RELIGIOUS MATTERS AND THE ISLAMIC LEGAL CONSULTATIVE COMMITTEE 32. Appointment of Mufti and Deputy Mufti 33. Authority of Mufti 34. Fatwa 35. Form of fatwa 36. Amendment, modification or revocation of fatwa 37. The Islamic Legal Consultative Committee 38. Request for opinion from the Mufti 39. Authorities to be followed Administration of Islamic Law (Federal Territories) 5 PART IV SYARIAH COURTS Section 40. Constitution of Syariah Courts 41. Appointment of Chief Syariah Judge 42. Appointment of Judges of the Syariah Appeal Court 43. Appointment of Judges of the Syariah High Court 44. Appointment of Judges of Syariah Subordinate Courts 45. Registrars 46. Jurisdiction of Syariah High Court 47. Jurisdiction of Syariah Subordinate Court 48. Appeal to Syariah High Court 49. Application for leave to appeal 50. Inheritance certificates 51. Supervisory and revisionary jurisdiction of the Syariah High Court 52. Jurisdiction of Syariah Appeal Court 53. Supervisory and revisionary jurisdiction of the Syariah Appeal Court 54. Composition of the Syariah Appeal Court 55. Decision by majority 56. Continuation of proceedings in Syariah Appeal Court notwithstanding absence of Judge 57. Appeal rules 57A. Reciprocal action PART V PROSECUTION, ENFORCEMENT AND REPRESENTATION 58. Appointment of Syariah Prosecutors and Religious Enforcement Officers 59. (Deleted) 6 Laws of Malaysia PART VI FINANCIAL Charitable Trusts Section 60. Establishment of Baitulmal 61. Wakaf and nazr 62. Vesting 63. Restrictions on creation of charitable trusts 64. Income of wakaf and nazr 65. Capital of wakaf and nazr ‘am 66. Construction of instruments 67. Accounts and annual reports 68. Wakaf and nazr property 69. Estimates 70. Expenses of the Majlis 71. Banker PART VII MOSQUES 72. Trusteeship of mosques and related lands 73. Restriction on establishment of mosques 74. Maintenance of mosques and compounds 75. Boundaries of kariah masjid 76. Appointment of the Pegawai Masjid 77. Tauliah 78. Tenure of office of Pegawai Masjid 79. Control and direction over Pegawai Masjid 80. Abolition of office of Nazir 81. The Jawatankuasa Kariah 82. Exemption ACT 505 Administration of Islamic Law (Federal Territories) Section 83. Power to amend Third Schedule PART VIII CHARITABLE COLLECTIONS 84. Charitable collections PART IX CONVERSION TO ISLAM 85. Requirements for conversion 86. Moment of conversion 87. Duties and obligations of a muallaf 88. Registrar and Register of Muallafs 89. Registration of Muallafs 90. Certificate of Conversion 91. Recognition of muallafs as Muslims 92. Determining whether non-registered person is a muallaf 93. Offence of giving false information 94. Power to make rules 95. Capacity to convert into Islam PART X RELIGIOUS EDUCATION 96. The Religious Teaching Supervisory Committee 97. Religious School 98. Exemption PART XI GENERAL 99. Rules 7 8 Laws of Malaysia Section 100. Saving of rules and appointments 101. Transitional 102. Amendment of sections 165 and 166 of the Enactment 103. Cessation of application of the Enactment FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE ACT 505 9 LAWS OF MALAYSIA Act 505 ADMINISTRATION OF ISLAMIC LAW (FEDERAL TERRITORIES) ACT 1993 An Act to provide for the Federal Territories a law concerning the enforcement and administration of Islamic Law, the constitution and organization of the Syariah Courts, and related matters. [Federal Territories of Kuala Lumpur and Labuan—15 October 1993, P.U. (B) 452/1993; * Federal Territory of Putrajaya—1 February 2001, P.U. (A) 250/2002] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title, application and commencement 1. (1) This Act may be cited as the Administration of Islamic Law (Federal Territories) Act 1993 and applies only to the Federal Territories of Kuala Lumpur and Labuan.  * NOTE—In its application to the Federal Territory of Putrajaya–see the Federal Territory of Putrajaya (Extension and Modification of Administration of Islamic Law (Federal Territories) Act 1993) Order 2002 [P.U. (A) 250/2002]. 10 Laws of Malaysia ACT 505 (2) This Act shall come into force on a date to be appointed by the Yang di-Pertuan Agong by notification in the Gazette. (3) The Yang di-Pertuan Agong may appoint different dates for the coming into force of different provisions of this Act. Interpretation 2. (1) In this Act, unless the context otherwise requires— “anak kariah” means a person who is permanently or habitually resident in the kariah masjid; “Chairman” means the Chairman of the Majlis; “Chief Religious Enforcement Officer” and “Religious Enforcement Officer” mean the officers appointed as such under subsection 58(4); “Chief Syariah Judge” means the Chief Syariah Judge appointed under subsection 41(1); “Chief Syariah Prosecutor” means an officer appointed under subsection 58(1); “Court” or “Syariah Court” means the Syariah Subordinate Court, the Syariah High Court, or the Syariah Appeal Court, as the case may be, constituted under section 40; “Enactment” means the Administration of Muslim Law Enactment 1952 of the State of Selangor [Selangor Enactment 3 of 1952]— (a) in relation to the Federal Territory of Kuala Lumpur, as modified by the Federal Territory (Modification of Administration of Muslim Law Enactment) Orders 1974, 1981 and 1988 [P.U. (A) 44/1974, 390/1981, 163/1988, 263/1988] made pursuant to subsection 6(4) of the Constitution (Amendment) (No. 2) Act 1973 [Act A206] and in force in the Federal Territory of Kuala Lumpur by Administration of Islamic Law (Federal Territories) 11 virtue of subsection 6(1) of that Act and Administration of Muslim Law (Amendment) Act 1984 [Act A576]; and (b) in relation to the Federal Territory of Labuan, as modified and extended by the Federal Territory of Labuan (Modification and Extension of Administration of Muslim Law Enactment) Order 1985 [P.U. (A) 352/1985] made pursuant to section 7 of the Constitution (Amendment) (No. 2) Act 1984 [Act A585]; “Federal Territories” means the Federal Territories of Kuala Lumpur and Labuan; “Fund” means the Fund known as Baitulmal established under section 60; “Imam” means an Imam appointed under subsection 76(3); “Imam Ratib” means an Imam Ratib appointed under subsection 76(4); “Islamic Law” means Islamic Law according to any recognized Mazhab; “Islamic Legal Consultative Committee” means Islamic Legal Consultative Committee established under subsection 37(1); “jawatankuasa kariah” means a jawatankuasa kariah established under rules made under section 81; “kariah masjid”, in relation to a mosque, means the area, the boundaries of which are determined under section 75 in which the mosque is situated; “Majlis” means the Majlis Agama Islam Wilayah Persekutuan established under subsection 4(1); “Minister” means the Minister charged with responsibility for the administration of the religion of Islam in the Federal Territories; 12 Laws of Malaysia ACT 505 “mosque” means a building used for holding Friday and other prayers and activities enjoined, recommended, or approved by the religion of Islam, and includes any mosque or surau or madrasah listed in the Third Schedule; “Mufti” means the person appointed to be the Mufti for the Federal Territories under section 32, and includes the Deputy Mufti; “Muslim” means— (a) a person who professes the religion of Islam; (b) a person either or both of whose parents were, at the time of the person’s birth, Muslims; (c) a person whose upbringing was conducted on the basis that he was a Muslim; (d) a person who has converted to Islam in accordance with the requirements of section 85; (e) a person who is commonly reputed to be a Muslim; or (f) a person who is shown to have stated, in circumstances in which he was bound by law to state the truth, that he was a Muslim, whether the statement be verbal or written; “nazr” means an expressed vow to do an act or to dedicate property for any purpose allowed by Islamic Law; “nazr ‘am” means a nazr intended wholly or in part for the benefit of the Muslim community generally or any section thereof, as opposed to an individual or individuals; “Pegawai Masjid” means the Naqib Masjid, Imam, Imam Ratib, Bilal and Pembantu Bilal of a mosque; “Pembantu Bilal” means a Pembantu Bilal of a mosque appointed under subsection 76(4); Administration of Islamic Law (Federal Territories) 13 “Secretary” means the Secretary of the Majlis mentioned in section 14; “Syariah Judge” or “Judge” means Judges of the Syariah High Court appointed under subsection 43(1) but does not include a Judge of the Syariah Subordinate Courts appointed under subsection 44(1); “Syariah Prosecutor” means an officer appointed under subsection 58(3); “wakaf ‘am” means a dedication in perpetuity of the capital and income of property for religious or charitable purposes recognized by Islamic Law, and the property so dedicated; “wakaf khas” means a dedication in perpetuity or for a limited period of the capital of property for religious or charitable purposes recognized by Islamic Law, and the property so dedicated, the income of the property being paid to persons or for purposes prescribed in the wakaf. (2) All words and expressions used in this Act and not herein defined but defined in the Interpretation Acts 1948 and 1967 [Act 388] shall have the meaning thereby assigned to them respectively to the extent that such meanings do not conflict with Islamic Law. (3) For the avoidance of doubt as to the identity or interpretation of the words and