Does JAKIM Have Authority?

The Raja Muda* of Perak, Raja Nazrin Shah had on December 9, 2008 said that the Islamic Development Department (JAKIM) did not have the legal power to give administrative directives to any state Islamic religious administration (see The Star December 10,2008).

On April 6 this year, Bernama reported that Deputy Minister in the Prime Minister's Department Datuk Dr Mashitah Ibrahim said the amendment to the Trade Description Act would enable Jakim to flex its muscle in taking action against restaurants which flouted halal ruling.

Going back to the Federal Constitution, it clearly says that matters of Islamic administration and Sharia laws are within the jurisdiction of state governments. This can be found in List II of the Ninth Schedule.

Now, we have the State Islamic Religious Council to administer Islam in the states, the State Islamic Affairs Department to enforce Islamic laws and finally we also have this JAKIM.

What legal jurisdiction does the Federal Government has through Jakim to enforce syariah compliant regulations? The money the Federal Govenrment is showering on JAKIM, could better be utilised if channeled directly to the respective state religious departments and councils.

By having this JAKIM, is the Federal Government not usurping the state government's authority?

As it is, the Malaysian civil service is already bloated. Therefore is JAKIM a necessary government department? We can see JAKIM offices all over Sabah and we can see their four-wheel drive vehicles and air-conditioned buses. And then we could also see that many of JAKIM staff are Malayans, which means the Federal government would also have to pay their housing allowances as well as their annual return ticket to Malaya.

Why is the Federal government wasting so much money on JAKIM when JAKIM's work is already being done by the state Islamic affairs department and state Islamic council? It would be understandable if JAKIM's jurisdiction is confined to the Federal Territories since these areas are under direct Federal rule.

Is it even constitutional for the Federal government to have jurisdiction in matters already assigned to state governments in the Federal Constitution? In fact, is JAKIM in itself constitutional?

It is time state leaders speak out against this unnecessary wastage! It would be better if the Federal Government's expenditure and allocations for JAKIM be channeled directly to state governments.

*prince