The Department of Islamic Development Malaysia director-general Datuk Othman Mustapha says the department is given the task of upholding Islam as the religion of the federation. – The Malaysian Insider pic, November 18, 2015.The Federal Constitution clearly refers to the Prime Minister's Department as the guardian of Islam in Malaysia, the Department of Islamic Development Malaysia (Jakim) said today, as it refuted opinions that its role was unconstitutional.
Jakim director-general Datuk Othman Mustapha said Article 3(1) of the Federal Constitution states Islam is the religion of the federation.
"So who will uphold Islam as the religion of the federation? And the vow to defend Islam in this country, who will carry it out?
"It is most certainly referring the Prime Minister's Department, and the task was given to Jakim. That means (Jakim) is in line with the Constitution," Othman told a press conference in Kuala Lumpur today.
Last week, constitutional expert Dr Abdul Aziz Bari said Jakim was not constitutional as the authority over Islam is vested in the state rulers, and not the federal government.
He told The Malaysian Insider that to solve this "constitutional problem", Jakim should be transferred to the Council of Rulers, and not be turned into a mouthpiece for the federal government.
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 should practise their faith.
He added that Jakim was redundant as other ministries were already carrying out some of its functions.
However, Othman today insisted that Jakim was relevant and that the Conference of Rulers had entrusted it to act as a coordinator on matters of law, education and administration.
"In terms of enforcement and power to investigate over matters relating to deviant teachings, that is under the state. But we are the coordinators.
"When it comes to the law, Jakim provides the draft enactments for the states, and whether the states want to use it 100% or make the amendments, it is up to them.
"With fatwas, we give our views on the laws to make it easier for the Islamic Legal Consultative Committee to make their decisions.
So those who say Jakim is irrelevant, that its functions overlap with others, are wrong," he said. – November 18, 2015.
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