KUALA LUMPUR: The Special Committee Studying Issues Related to the Competence of the State Legislative Assemblies to Enact Islamic Laws is expected to present its report within six months to a year.
Minister in the Prime Minister's Department (Religious Affairs) Datuk Dr Mohd Na'im Mokhtar said the report will be presented to the National Council for Islamic Religious Affairs Malaysia and the Conference of Rulers.
He said the report will entail the committee's findings and recommendations for a comprehensive resolution to the issues regarding the competence of state assemblies to enact Islamic laws and the jurisdiction of syariah courts as provided under Item 1, List II — State List and Ninth Schedule of the Federal Constitution.
"To ensure a comprehensive study, all issues involving conflicts of jurisdiction between syariah courts and civil courts will also be scrutinised in detail.
"This special committee will prepare a report on the study's findings and present recommendations for a comprehensive resolution to the issues.
"The report will be presented to the National Council for Islamic Religious Affairs Malaysia and the Conference of Rulers within six months or no later than one year," he told the New Straits Times.
The 11-member committee was set up following a decree from the sultan of Selangor during the 70th National Council for Islamic Religious Affairs meeting, which was held in August last year.
The special committee held its first meeting at the Putrajaya Islamic Complex on Dec 5, discussing the terms of reference of the special committee and outlining the directions for conducting the studies on jurisdictional conflict issues.
Chaired by former chief justice Tun Zaki Azmi, the committee includes judges, religious council members, legal experts and academicians.
Members include former Federal Court judge Datuk Mohd Zawawi Salleh, Selangor Islamic Religious Council member Datuk Salehuddin Saidin, Melaka Syariah Court Chief Judge Datuk Mohd Nadzri Abdul Rahman, Attorney-General's Chambers (A-GC) Syariah and Legal Harmony Division chief Datuk Anas Ahmad Zakie and A-GC Civil Division I deputy chief Shamsul Bolhassan.
The others members are International Islamic University Malaysia (IIUM) Law Faculty dean Professor Dr Farid Sufian Shuaib, IIUM Institute of Islamic Thought and Civilisation Associate Professor Datuk Wan Ahmad Fauzi Hashim @ Wan Husain, A-GC Constitutional Research Division Research Unit 1 chief Azirul Liza Abdullah, Malaysian Syariah Lawyers Association president Musa Awang and syariah lawyer Dr Zulgarnain Lukman.
On Friday, Chief Justice Tun Tengku Maimun Tuan Mat ruled that 16 of the 18 Kelantan Syariah Criminal Code Enactment 2019 provisions challenged at the Federal Court were unconstitutional.
The provisions were Sections 11, 14, 16, 17, 31, 34, 36, 39, 40, 41, 42, 43, 44, 45, 47 and 48.
Tengku Maimun, who had delivered the 8-1 majority judgment, ruled that the essence of these provisions were matters under the federal list, which only Parliament had the power to legislate.
When responding to the Federal Court ruling on Friday, the
government had stressed upon the fact that it was purely about determining and distinguishing the powers of the federal and state governments.
Prime Minister Datuk Seri Anwar Ibrahim had said the ruling had nothing to do with the federal government undermining the powers and position of syariah laws in the country.
Na'im, on Friday, said all stakeholders and parties involved with syariah courts will be promptly convened to discuss and assess the next steps for its empowerment.
The minister had also given his assurance that if there was a need to amend or reform the law related to syariah courts, it would be done immediately.