JAKIM is creating a model law to standardise state-level Islamic legislation, aiming to resolve issues like lawyers’ cross-state practice restrictions.
PUTRAJAYA: The Department of Islamic Development Malaysia (JAKIM) is formulating a legal framework to address inconsistencies in state-level Islamic legislation.
Director-General Datuk Dr Sirajuddin Suhaimee said a key issue is that syarie lawyers are restricted to practising only in the states specified in their appointment letters.
This creates challenges in cases like nafkah claims involving divorced couples living in different states.
“If the husband is in Kelantan and the wife is in Johor, a Johor-based syariah lawyer cannot represent the case in a Kelantan court,” he explained.
He said this raises costs for the community, as they would need to hire two separate lawyers.
To resolve this, JAKIM is drafting a clause in the state enactment to allow for cross-state recognition of accredited syarie lawyers.
Sirajuddin stated the initiative to standardise state-level Islamic law has support from the National Council for Islamic Religious Affairs.
It has also received consent from the Conference of Rulers.
He clarified the model is not intended to take over religious authority held by individual states.
Its aim is to safeguard the interests of the Muslim community.
“Developing this model represents an important milestone in legal diplomacy,” he said.
He added it has harmonised views between the federal government and state religious authorities.
JAKIM has also developed legal models covering family matters, hibah, and Islamic administration.
Sirajuddin confirmed the department will develop more models as examples for states to implement and draft laws.
