Placing Jakim officers in govt depts may be unconstitutional, says group

MCCBCHST expresses concern over reports that Jakim officers will be placed in every government department to ensure decisions align with Islamic principles.

(FMT) – The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) said it is concerned over purported plans to place Islamic development department (Jakim) officers in every government department.

MCCBCHST said Jakim’s “encroachment” into the public sphere may be unconstitutional as it could affect the fundamental rights guaranteed to all Malaysians.

While the group emphasised its support for Article 3(1) of the Federal Constitution, which stipulates that Islam is the religion of the federation, it argued that Jakim’s role in ensuring government policies align with Islamic principles would fall outside the constitutional scope of the term “Islam” as interpreted by the courts.

“Jakim’s involvement in government policy-making may be unconstitutional as in the public sphere, only such Islamic acts as relating to ‘rituals and ceremonies’ are included,” it said in a statement.

“This position is well settled in law.”

MCCBCHST was referring to the Supreme Court judgment in 1988 in the case of Che Omar bin Che Soh v Public Prosecutor, which defined Islam under Article 3 as relating only to “rituals and ceremonies”.

The group said the Supreme Court decision has been upheld in three Federal Court decisions: Indira Gandhi a/p Mutho v Pengarah Jabatan Agama Islam Perak & 2 others (2018), Iki Putra Bin Mubarak v Kerajaan Negeri Selangor & Anor (2021), and Nik Elin Zurina Binti Nik Abdul Rashid Anor v Kerajaan Negeri Kelantan (2024).

It said its statement was issued in response to an Aug 13 report in The Daily Express in which Sabah’s Liberal Democratic Party (LDP) vice-president David Ong raised concerns about reports that Jakim officers will be placed in every government department to ensure decisions align with Islamic principles.