Constitution gives sultans, not Jakim, authority over Islam, says law expert

The role of defending and upholding Islam belongs to the sultans, says a constitutional expert, after the Department of Islamic Development (Jakim) defended itself from critics who say it is redundant. – The Malaysian Insider file pic, November 19, 2015.Constitutional law expert Dr Abdul Aziz Bari continued the debate over the federal religious department's relevance by refuting a claim that the Prime Minister's Department (JPM) was the guardian of Islam.

The Universiti Selangor (Unisel) lecturer said the role should belong to the country's rulers as the Federal Constitution stated that the monarchs maintain authority over religious affairs in their states.

"To respond to the statement by the Jakim director-general, I would like to say that when the constitution says (authority over) Islam belongs to the rulers and the states, it is obviously for them to defend (Islam)," he told The Malaysian Insider, referring to the Department of Islamic Development Malaysia.

"The rulers must be given the chance first and it is for the federal government to help instead of usurping their powers and resources.

"Some, including government leaders claimed that the rulers were not up to it. To be fair to them, the question is, have we given them the chance and support?"

Aziz was responding to Jakim director-general Datuk Othman Mustapha, who denied that the Islamic agency was unconstitutional, and said the constitution referred to JPM as the defender of Islam.

He added that JPM had in turn entrusted to Jakim the duties of defending Islam and upholding it as the religion of the federation.

But Aziz (pic, right) said he believed the federal government had jumped on the chance to use Islam for their own political interests since the time of the first prime minister, Tunku Abdul Rahman.

Aziz said the Tunku had set up the National Council for Religious Affairs, and even began the practice of delivering the national Hari Raya address.

"There might be some truth in the allegations that the rulers did not have the moral capacity to do the religious job but this is quite debatable.

"Now that the issue has become a debate, let us continue to get to the bottom of it. The rulers should speak up.

"Or at least the Conference of Rulers, through its keeper. The rakyat, especially the taxpayers who have been shouldering the cost, have every right to know," said Aziz.

The debate over Jakim's relevance arose when Tawfik Ismail, the son of Malaysia's second deputy prime minister Tun Dr Ismail Abdul Rahman, said the agency should be abolished as Malaysian Muslims did not need the government to dictate how they practise their faith.

He added that Jakim was redundant as other ministries were already carrying out some of its functions.

In response, Deputy Minister in the Prime Minister's Department, Datuk Asyraf Wajdi Dusuki, said Jakim had become even more relevant today as it was involved in dealing with Shia and "liberal Islam" as well as threats from militant group Isis. – November 19, 2015.