/akn/my/act/act/1993/505

*AKTA PENTADBIRAN UNDANG-UNDANG ISLAM (WILAYAH-WILAYAH PERSEKUTUAN) 1993

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Front matter

ONLINE VERSION OF UPDATED

TEXT OF REPRINT Act 505 ADMINISTRATION OF ISLAMIC LAW (FEDERAL TERRITORIES) ACT 1993 Incorporating all amendments up to 21 June 2022 This text is ONLY AN UPDATED TEXT of the Administration of Islamic Law (Federal Territories) Act 1993 by the Attorney General’s Chambers. Unless and until reprinted pursuant to the powers of the Commissioner of Law Revision under subsection 14(1) of the Revision of Laws Act 1968 [Act 1], this text is NOT AN AUTHENTIC TEXT. 2 Date of Royal Assent … … … … 7 July 1993 Date of publication in the Gazette … … … … 15 July 1993 Latest amendment made by Act A1606 which came into operation on … … … … 21 June 2022 PREVIOUS REPRINTS First Reprint … … … … … … … … … … 2002 Second Reprint … … … … … … … … … 2006 Third Reprint … … … … … … … … 2021 3 Act 505 ARRANGEMENT OF SECTIONS

Part

PART I

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PRELIMINARY

Section

Section 1

Short title, application and commencement

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Section 2

Interpretation

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Section 3

Saving of prerogative

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Part

PART II

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THE MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN

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Section 4

Establishment of the Majlis

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Section 5

Legal identity and powers of the Majlis

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Section 6

Committees

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Section 7

Duty of the Majlis for socio-economic development of Muslims

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Section 8

Powers to establish corporations 8A. Power to establish companies and validation of compani...

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Section 9

Borrowing powers

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Section 10

Membership of the Majlis

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Section 11

Termination of appointments

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Section 12

Revocation of appointments

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Section 13

Appointments to be gazetted

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Section 14

Secretary

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Section 15

Attendance of non-members at meetings

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Section 16

Presiding over meetings

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Section 17

Quorum

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Section 18

Conduct of business

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Section 19

Summoning of meetings

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Section 20

Powers of Chairman

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Section 21

Duties and powers of Secretary

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Section 22

Minutes

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Section 23

Order of business and voting

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Section 24

Certified copies of resolutions

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Section 25

Leave

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Section 26

Acting in emergency

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Section 27

Delegation of duties and powers

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Section 28

Secrecy

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Section 29

Public servant

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Section 30

Majlis may determine its own procedure

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Section 31

Authority of Majlis

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PART III

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APPOINTMENT OF MUFTI, AUTHORITY IN RELIGIOUS MATTERS

AND THE ISLAMIC LEGAL CONSULTATIVE COMMITTEE

Section 32

Appointment of Mufti and Deputy Mufti

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Section 33

Authority of Mufti

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Section 34

Fatwa

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Section 35

Form of fatwa

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Section 36

Amendment, modification or revocation of fatwa

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Section 37

The Islamic Legal Consultative Committee

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Section 38

Request for opinion from the Mufti

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Section 39

Authorities to be followed

Administration of Islamic Law (Federal Territories) 5

Part

PART IV

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SYARIAH COURTS

Section

Section 40

Constitution of Syariah Courts

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Section 41

Appointment of Chief Syariah Judge

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Section 42

Appointment of Judges of the Syariah Appeal Court

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Section 43

Appointment of Judges of the Syariah High Court

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Section 44

Appointment of Judges of Syariah Subordinate Courts

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Section 45

Registrars

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Section 46

Jurisdiction of Syariah High Court

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Section 47

Jurisdiction of Syariah Subordinate Court

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Section 48

Appeal to Syariah High Court

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Section 49

Application for leave to appeal

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Section 50

Inheritance certificates

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Section 51

Supervisory and revisionary jurisdiction of the Syariah High Court

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Section 52

Jurisdiction of Syariah Appeal Court

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Section 53

Supervisory and revisionary jurisdiction of the Syariah Appeal Court

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Section 54

Composition of the Syariah Appeal Court

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Section 55

Decision by majority

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Section 56

Continuation of proceedings in Syariah Appeal Court notwithstanding absence of Judge

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Section 57

Appeal rules 57A. Reciprocal action

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PART V

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PROSECUTION, ENFORCEMENT AND REPRESENTATION

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Section 58

Appointment of Syariah Prosecutors and Religious Enforcement Officers

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Section 59

(Deleted)

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PART VI

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FINANCIAL

Charitable Trusts Section

Section 60

Establishment of Baitulmal

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Section 61

Wakaf and nazr

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Section 62

Vesting

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Section 63

Restrictions on creation of charitable trusts

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Section 64

Income of wakaf and nazr

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Section 65

Capital of wakaf and nazr ‘am

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Section 66

Construction of instruments

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Section 67

Accounts and annual reports

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Section 68

Wakaf and nazr property

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Section 69

Estimates

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Section 70

Expenses of the Majlis

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Section 71

Banker

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PART VII

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MOSQUES

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Section 72

Trusteeship of mosques and related lands

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Section 73

Restriction on establishment of mosques

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Section 74

Maintenance of mosques and compounds

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Section 75

Boundaries of kariah masjid

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Section 76

Appointment of the Pegawai Masjid

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Section 77

Tauliah

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Section 78

Tenure of office of Pegawai Masjid

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Section 79

Control and direction over Pegawai Masjid

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Section 80

Abolition of office of Nazir

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Section 81

The Jawatankuasa Kariah

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Section 82

Exemption

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Section 83

Power to amend Third Schedule

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PART VIII

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CHARITABLE COLLECTIONS

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Section 84

Charitable collections

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PART IX

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CONVERSION TO ISLAM

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Section 85

Requirements for conversion

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Section 86

Moment of conversion

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Section 87

Duties and obligations of a muallaf

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Section 88

Registrar and Register of Muallafs

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Section 89

Registration of Muallafs

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Section 90

Certificate of Conversion

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Section 91

Recognition of muallafs as Muslims

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Section 92

Determining whether non-registered person is a muallaf

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Section 93

Offence of giving false information

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Section 94

Power to make rules

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Section 95

Capacity to convert into Islam

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PART X

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RELIGIOUS EDUCATION

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Section 96

The Religious Teaching Supervisory Committee

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Section 97

Religious School

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Section 98

Exemption

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PART XI

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GENERAL

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Section 99

Rules

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Section 100

Saving of rules and appointments

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Section 101

Transitional

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Section 102

Amendment of sections 165 and 166 of the Enactment

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Section 103

Cessation of application of the Enactment

FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE 9 Act 505

Preamble
Preamble

An Act to provide for the Federal Territories a law concerning the enforcement and administration of Islamic Law, the constitution and organization of the Syariah Courts, and related matters. [Federal Territories of Kuala Lumpur and Labuan—15 October 1993, P.U. (B) 452/1993; *Federal Territory of Putrajaya—1 February 2001, P.U. (A) 250/2002] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows:

Part

PART I

Text

PRELIMINARY

Short title, application and commencement

Section 1

(1)

This Act may be cited as the Administration of Islamic Law (Federal Territories) Act 1993 and applies only to the Federal Territories of Kuala Lumpur and Labuan.  *NOTE—In its application to the Federal Territory of Putrajaya–see the Federal Territory of Putrajaya (Extension and Modification of Administration of Islamic Law (Federal Territories) Act 1993) Order 2002 [P.U. (A) 250/2002]. 10 Laws of Malaysia ACT 505

Subsection
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(2) This Act shall come into force on a date to be appointed by the Yang di-Pertuan Agong by notification in the Gazette.

Subsection
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(3) The Yang di-Pertuan Agong may appoint different dates for the coming into force of different provisions of this Act. Interpretation

Section 2

(1)

In this Act, unless the context otherwise requires— “anak kariah” means a person who is permanently or habitually resident in the kariah masjid; “Chairman” means the Chairman of the Majlis; “Chief Religious Enforcement Officer” and “Religious Enforcement Officer” mean the officers appointed as such under subsection 58(4); “Chief Syariah Judge” means the Chief Syariah Judge appointed under subsection 41(1); “Chief Syariah Prosecutor” means an officer appointed under subsection 58(1); “Court” or “Syariah Court” means the Syariah Subordinate Court, the Syariah High Court, or the Syariah Appeal Court, as the case may be, constituted under section 40; “Enactment” means the Administration of Muslim Law Enactment 1952 of the State of Selangor [Selangor Enactment 3 of 1952]—

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(a) in relation to the Federal Territory of Kuala Lumpur, as modified by the Federal Territory (Modification of Administration of Muslim Law Enactment) Orders 1974, 1981 and 1988 [P.U. (A) 44/1974, 390/1981, 163/1988, 263/1988] made pursuant to subsection 6(4) of the Constitution (Amendment) (No. 2) Act 1973 [Act A206] and in force in the Federal Territory of Kuala Lumpur by Administration of Islamic Law (Federal Territories) 11 virtue of subsection 6(1) of that Act and Administration of Muslim Law (Amendment) Act 1984 [Act A576]; and

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(b) in relation to the Federal Territory of Labuan, as modified and extended by the Federal Territory of Labuan (Modification and Extension of Administration of Muslim Law Enactment) Order 1985 [P.U. (A) 352/1985] made pursuant to section 7 of the Constitution (Amendment) (No. 2) Act 1984 [Act A585]; “Federal Territories” means the Federal Territories of Kuala Lumpur and Labuan; “Fund” means the Fund known as Baitulmal established under section 60; “Imam” means an Imam appointed under subsection 76(3); “Imam Ratib” means an Imam Ratib appointed under subsection 76(4); “Islamic Law” means Islamic Law according to any recognized Mazhab; “Islamic Legal Consultative Committee” means Islamic Legal Consultative Committee established under subsection 37(1); “jawatankuasa kariah” means a jawatankuasa kariah established under rules made under section 81; “kariah masjid”, in relation to a mosque, means the area, the boundaries of which are determined under section 75 in which the mosque is situated; “Majlis” means the Majlis Agama Islam Wilayah Persekutuan established under subsection 4(1); “Minister” means the Minister charged with responsibility for the administration of the religion of Islam in the Federal Territories; 12 Laws of Malaysia ACT 505 “mosque” means a building used for holding Friday and other prayers and activities enjoined, recommended, or approved by the religion of Islam, and includes any mosque or surau or madrasah listed in the Third Schedule; “Mufti” means the person appointed to be the Mufti for the Federal Territories under section 32, and includes the Deputy Mufti; “Muslim” means—

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(a) a person who professes the religion of Islam;

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(b) a person either or both of whose parents were, at the time of the person’s birth, Muslims;

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(c) a person whose upbringing was conducted on the basis that he was a Muslim;

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(d) a person who has converted to Islam in accordance with the requirements of section 85;

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(e) a person who is commonly reputed to be a Muslim; or

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(f) a person who is shown to have stated, in circumstances in which he was bound by law to state the truth, that he was a Muslim, whether the statement be verbal or written; “nazr” means an expressed vow to do an act or to dedicate property for any purpose allowed by Islamic Law; “nazr ‘am” means a nazr intended wholly or in part for the benefit of the Muslim community generally or any section thereof, as opposed to an individual or individuals; “Pegawai Masjid” means the Naqib Masjid, Imam, Imam Ratib, Bilal and Pembantu Bilal of a mosque; “Pembantu Bilal” means a Pembantu Bilal of a mosque appointed under subsection 76(4); Administration of Islamic Law (Federal Territories) 13 “Secretary” means the Secretary of the Majlis mentioned in section 14; “Syariah Judge” or “Judge” means Judges of the Syariah High Court appointed under subsection 43(1) but does not include a Judge of the Syariah Subordinate Courts appointed under subsection 44(1); “Syariah Prosecutor” means an officer appointed under subsection 58(3); “wakaf ‘am” means a dedication in perpetuity of the capital and income of property for religious or charitable purposes recognized by Islamic Law, and the property so dedicated; “wakaf khas” means a dedication in perpetuity or for a limited period of the capital of property for religious or charitable purposes recognized by Islamic Law, and the property so dedicated, the income of the property being paid to persons or for purposes prescribed in the wakaf.

Subsection
Subsection

(2) All words and expressions used in this Act and not herein defined but defined in the Interpretation Acts 1948 and 1967 [Act 388] shall have the meaning thereby assigned to them respectively to the extent that such meanings do not conflict with Islamic Law.

Subsection
Subsection

(3) For the avoidance of doubt as to the identity or interpretation of the words and expressions used in this Act that are listed in the First

Schedule
Schedule

Schedule, reference may be made to the Arabic script for those words and expressions as shown against them therein. Saving of prerogative 3. Save as expressly provided in this Act, nothing contained therein shall derogate from or affect the rights and powers of the Yang di-Pertuan Agong as the Head of the religion of Islam in the Federal Territories, as declared and set forth in the Federal Constitution. 14 Laws of Malaysia ACT 505 PART II THE MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN Establishment of the Majlis 4. (1) There shall be a body to be known as the “Majlis Agama Islam Wilayah Persekutuan” to advise the Yang di-Pertuan Agong in matters relating to the religion of Islam. (2) Upon the coming into force of this section, the “Majlis Agama Islam Wilayah Persekutuan” existing by virtue of section 5 of the Enactment shall be deemed to be the Majlis referred to in subsection (1). Legal identity and powers of the Majlis 5. (1) The Majlis shall be a body corporate having perpetual succession and a corporate seal, and the said seal may from time to time be broken, changed, altered and made anew as to the Majlis seems fit, and, until a seal is provided under this section, a stamp bearing the inscription the “Majlis Agama Islam Wilayah Persekutuan” may be used as the corporate seal. (2) The Majlis may sue and be sued in its corporate name. (3) The Majlis may enter into contracts and may acquire, purchase, take, hold and enjoy movable and immovable property of every description, and subject to any written law affecting the same may convey, assign, surrender and yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property vested in the Majlis upon such terms as to the Majlis seems fit and in accordance with Islamic Law. (4) The Majlis shall have power to act as an executor of a will or as an administrator of the estate of a deceased person or as a trustee of any trust. (5) The Majlis shall have such further powers and carry out such duties as may by this or by any other Act assigned to it. Administration of Islamic Law (Federal Territories) 15 Committees 6. The Majlis may appoint committees to assist it in the performance of its duties or the exercise of its powers. Duty of the Majlis for socio-economic development of Muslims 7. (1) It shall be the duty of the Majlis to promote, stimulate, facilitate and undertake the economic and social development and well-being of the Muslim community in the Federal Territories consistent with Islamic Law. (2) The Majlis shall have power, for the purpose of the discharge of its duty under subsection (1)— (a) to carry on all activities, which will not involve any element which is not approved by the religion of Islam, particularly the development of commercial and industrial enterprises, the carrying on whereof appears to it to be requisite, advantageous or convenient for or in connection with the discharge of its said duty, including the manufacturing, assembling, processing, packing, grading and marketing of products; (b) to promote the carrying on of any such activities by other bodies or persons, and for that purpose to establish or expand, or promote the establishment or expansion of, other bodies to carry on any such activities either under the control or partial control of the Majlis or independently, and to give assistance to other bodies or persons appearing to the Majlis to have the facilities for the carrying on of any such activities, including the giving of financial assistance by way of loan or otherwise; (c) to carry on any such activities in association with other bodies or persons, including the departments or authorities of the Federal Government, or as managing agent or otherwise on behalf of the Federal Government; 16 Laws of Malaysia ACT 505 (d) to invest in any authorized investment as defined by the Trustee Act 1949 [Act 208], and to dispose of the same on such terms and conditions as the Majlis may determine; (e) subject to the approval of the Finance Minister, to establish any scheme for the granting of loans from the Fund to Muslim individuals for higher learning; (f) to establish and maintain Islamic schools, and Islamic training and research institutions; and (g) to do all acts which the Majlis considers desirable or expedient. Powers to establish corporations 8. (1) The Majlis may, with the approval of the Yang di-Pertuan Agong, from time to time by order published in the Gazette, establish a corporation by such name as the Majlis may think fit to carry out and have the charge, conduct and management of any project, scheme or enterprise which has been planned or undertaken by the Majlis in execution of its duty or powers under section 7. (2) The Majlis shall, with the approval of the Yang di-Pertuan Agong, by the same or by a different order, make provisions in respect of a corporation established under subsection (1) defining— (a) the duties, powers, and rights of the corporation; (b) the system of management of the corporation; and (c) the relations between the corporation and the Majlis and its right of control over the corporation. (3) The provisions of the Second Schedule shall apply to a corporation established by the Majlis under subsection (1). Administration of Islamic Law (Federal Territories) 17 Power to establish companies and validation of companies established 8A. (1) The Majlis may, with the approval of the Yang di-Pertuan Agong, establish companies under the *Companies Act 2016 [Act 777] to carry out any activity which has been planned or undertaken by the Majlis in execution of its duty or powers under section 7. (2) Every company established or purported to be established by the Majlis under the *Companies Act 2016 before the commencement of this section shall be deemed to have been lawfully established and shall continue to exist as if it had been established by the Majlis under subsection (1). (3) Any financing or financial assistance given by the Majlis under subsection 7(2) to a company referred to in subsection (2) shall be deemed to have been lawfully given. Borrowing powers 9. (1) The Majlis may, with the approval of the Minister of Finance and upon such terms and conditions as may be determined by him, borrow such sums as it may require for discharging any of its functions under this Act. (2) Sums borrowed by virtue of this section shall be paid into the Fund. Membership of the Majlis 10. (1) The Majlis shall consist of the following members: (a) a Chairman;  *NOTE—Previuosly known as the Companies Act 1965 [Act 125] and has been repealed by the Companies Act 2016 [Act 777] which comes into operation on 31 January 2017-see subsection 620(1) of Act 777 and P.U. (B) 50/2017. 18 Laws of Malaysia ACT 505 (b) a Deputy Chairman; (c) the Chief Secretary to the Government or his representative; (d) the Attorney General or his representative; (e) the Inspector-General of Police or his representative; (f) the Mufti; (g) the Commissioner of the City of Kuala Lumpur; and (h) fifteen other members, at least five of whom shall be persons learned in Islamic studies. (2) The Chairman, Deputy Chairman, and the members under paragraph (1)(h) shall be persons who are Muslims and shall be appointed by the Yang di-Pertuan Agong on the advice of the Minister for such term, not exceeding three years, as the Yang di-Pertuan Agong may determine. (3) A member whose term of office has expired may be reappointed. (4) If at any time the person holding the appointment mentioned in paragraph (c), (d), (e) or (g) is not a Muslim, the Yang di-Pertuan Agong on the advice of the Minister shall appoint another officer who is a Muslim and next in seniority from the same Department or Ministry to be a member in place of that person. (5) The persons who, immediately before the coming into force of this section, were the Chairman, Deputy Chairman, and appointed members of the Majlis Agama Islam Wilayah Persekutuan shall, subject to this Act, continue to be the Chairman, Deputy Chairman, and members of the Majlis respectively until the expiry of their current period of appointment. Administration of Islamic Law (Federal Territories) 19 Termination of appointments 11. The appointment of an appointed member of the Majlis shall terminate— (a) on his death; (b) if he, by letter addressed to the Yang di-Pertuan Agong through the Chairman, resigns his appointment; or (c) if he has been absent from Malaysia, without the written permission of the Chairman, for a period exceeding six months. Revocation of appointments 12. The Yang di-Pertuan Agong may, on the advice of the Minister, revoke the appointment of any appointed member of the Majlis— (a) if his conduct, whether in connection with his duties as a member or otherwise, has been such as to bring discredit on the Majlis; or (b) if he has become incapable of properly carrying out his duties as a member; or (c) if, without any excuse which in the opinion of the Chairman is sufficient, he has been absent from three successive meetings of the Majlis. Appointments to be gazetted 13. All appointments and revocations of appointment under sections 10, 11 and 12 shall be published in the Gazette. 20 Laws of Malaysia ACT 505 Secretary 14. (1) The Director of the Islamic Religious Department of the Federal Territories shall be the Secretary of the Majlis. (2) The Secretary shall be the chief executive and administrative officer of the Majlis and shall be responsible for carrying out the policies and resolutions of the Majlis. (3) The Secretary shall be entitled to attend all meetings of the Majlis and to participate in its deliberations, but shall not be entitled to vote. Attendance of non-members at meetings 15. (1) The Chairman may invite to any meeting of the Majlis any person who is not a member of the Majlis, if the business before the meeting renders the presence of such a person desirable. (2) A person invited under subsection (1) shall be entitled to participate in the deliberations of the Majlis, but shall not be entitled to vote. Presiding over meetings 16. (1) The Chairman, or in his absence the Deputy Chairman, shall preside over all meetings of the Majlis. (2) If the Chairman and the Deputy Chairman are absent from a meeting, the members present shall elect one of their number to preside over the meeting. Quorum 17. No business, save that of adjournment, shall be transacted at a meeting, and no resolution or action of the Majlis made or performed at a meeting shall be valid, unless at least one-third of the members, Administration of Islamic Law (Federal Territories) 21 including the person presiding over the meeting, are present at the meeting. Conduct of business 18. (1) Except as otherwise expressly provided by this Act, all business of the Majlis shall be conducted at a meeting thereof regularly convened and shall be disposed of by resolution of the majority of the members present and entitled to vote. (2) A resolution in writing signed by all members of the Majlis shall, unless in any special case or class of cases the Yang di-Pertuan Agong otherwise directs, have the same effect as a resolution duly passed under subsection (1). Summoning of meetings 19. (1) All meetings of the Majlis shall be summoned by the Secretary. (2) The Chairman may at any time direct the Secretary to summon a meeting. (3) Any four members of the Majlis may at any time in writing require the Secretary to summon a meeting of the Majlis on condition that they inform the Secretary of the purpose for which they desire the meeting to be summoned. (4) The Secretary shall, within fourteen days of receipt of a direction or requirement under subsection (2) or (3), or, if the Chairman so directs, immediately upon receipt of such a direction or requirement, summon a meeting. (5) At least seven days’ notice in writing shall be given of any meeting, but the Chairman may, if he considers that there is an urgent need to summon a meeting at shorter notice, direct that the requirement of seven days’ notice be dispensed with. 22 Laws of Malaysia ACT 505 (6) Notice of a meeting may be sent by post to a member addressed to his last-known place of residence and shall be deemed to have been served in due course of post. (7) No notice of meetings shall be necessary in the case of a member who is for the time being outside Malaysia. Powers of Chairman 20. The Chairman shall exercise control over all deliberations and proceedings of the Majlis and shall be responsible for the proper and orderly conduct thereof. Duties and powers of Secretary 21. Subject to such directions as may be given to him by the Chairman, the Secretary shall have charge of all correspondence and documents of the Majlis and shall in all other respects carry out such duties as may be imposed upon him by the Act or assigned to him by the Chairman. Minutes 22. (1) The Secretary shall keep minutes of all meetings of the Majlis, and at every meeting the minutes of the previous meeting shall be read and confirmed, subject to any amendment which may be required. (2) Such minutes shall be entered in the minute book of the Majlis and shall include a full verbatim record of every resolution of the Majlis. (3) As soon as possible after every meeting of the Majlis, a copy of the draft minutes shall be sent to the Yang di-Pertuan Agong. If on confirmation such draft minutes are amended, the Yang di-Pertuan Agong shall forthwith be informed of the amendments made: Administration of Islamic Law (Federal Territories) 23 Provided that no decision referred to in any of the minutes of the Majlis shall be acted upon until the Yang di-Pertuan Agong has in writing signified his assent. (4) Meetings of the Majlis shall be held with such regularity that not more than three calendar months shall have elapsed between one meeting and the next. Order of business and voting 23. (1) The Chairman shall determine the order of business at meetings. (2) The Chairman may decide in what order members may address the meeting and may at any time require any member to cease addressing the meeting. (3) If on any resolution there is an equality of votes the Chairman shall have a casting vote. Certified copies of resolutions 24. A copy of any resolution of the Majlis certified by the Secretary to be a true copy of the resolution shall be sufficient evidence thereof, and all courts shall take judicial notice of the signature of the Secretary. Leave 25. The Chairman, if he expects to be absent from Malaysia for more than thirty days, shall apply for leave to the Yang di-Pertuan Agong who may give such directions as he thinks fit. 24 Laws of Malaysia ACT 505 Acting in emergency 26. (1) In any case of emergency the Chairman may, after consultation with the Minister, do or direct to be done on behalf of the Majlis any act or thing that may lawfully be done by resolution of the Majlis. (2) Where any act or thing is done pursuant to subsection (1), a meeting of the Majlis shall be held within one week thereafter for the purpose of ratifying and confirming the act or thing done, and if the Majlis declines to ratify and confirm the act or thing done, the Yang di-Pertuan Agong may give such directions with respect thereto as he thinks fit. Delegation of duties and powers 27. (1) The Majlis may, by resolution, and subject to such conditions and restrictions as the Majlis thinks fit, delegate to the Chairman or the Secretary or to any committee of the Majlis the performance of any of its duties or the exercise of any of its powers. (2) The performance of duties and the exercise of powers in pursuance of a delegation under subsection (1) shall be subject to the control and direction of the Majlis. (3) The Chairman, Secretary, or committee shall inform the Majlis of all acts and things done by him or it in pursuance of a delegation under subsection (1). Secrecy 28. The proceedings of the Majlis shall be kept secret and no member or servant thereof shall disclose or divulge to any person, other than the Yang di-Pertuan Agong or the Minister, and any member of the majlis, any matter that has arisen at any meeting unless he is expressly authorized by the Majlis. Administration of Islamic Law (Federal Territories) 25 Public servant 29. The members, officers and servants of the Majlis shall be deemed to be public servants within the meaning of the Penal Code [Act 574]. Majlis may determine its own procedure 30. The Majlis may, subject to this Act, determine questions relating to its own procedure and practice. Authority of Majlis 31. The Majlis shall aid and advise the Yang di-Pertuan Agong in respect of all matters relating to the religion of Islam within the Federal Territories, except matters of Islamic Law and those relating to the administration of justice, and in all such matters shall be the chief authority in the Federal Territories after the Yang di-Pertuan Agong, except where otherwise provided in this Act. PART III APPOINTMENT OF MUFTI, AUTHORITY IN RELIGIOUS MATTERS AND THE ISLAMIC LEGAL CONSULTATIVE COMMITTEE Appointment of Mufti and Deputy Mufti 32. (1) The Yang di-Pertuan Agong may, on the advice of the Minister, after consulting the Majlis, appoint fit and proper persons to be the Mufti and the Deputy Mufti for the Federal Territories. (2) Upon the commencement of this section, any person who, immediately before the commencement, was the Mufti of the Federal Territories appointed under the Enactment shall be deemed to have been duly appointed under this section to be the Mufti of the Federal Territories and shall hold office as such. 26 Laws of Malaysia ACT 505 Authority of Mufti 33. The Mufti shall aid and advise the Yang di-Pertuan Agong in respect of all matters of Islamic Law, and in all such matters shall be the chief authority in the Federal Territories after the Yang di-Pertuan Agong, except where otherwise provided in this Act. Fatwa 34. (1) The Mufti shall, on the direction of the Yang di-Pertuan Agong, and may, on his own initiative or on the request of any person made by letter addressed to the Mufti, make and publish in the Gazette, a fatwa or ruling on any unsettled or controversial question of or relating to Islamic Law. (2) No statement made by the Mufti shall be taken to be a fatwa unless and until it is published in the Gazette pursuant to subsection (1). (3) Upon publication in the Gazette, a fatwa shall be binding on every Muslim resident in the Federal Territories as a dictate of his religion and it shall be his religious duty to abide by and uphold the fatwa, unless he is permitted by Islamic Law to depart from the fatwa in matters of personal observance, belief, or opinion. (4) A fatwa shall be recognized by all Courts in the Federal Territories as authoritative of all matters laid down therein. Form of fatwa 35. (1) A fatwa shall cite that it is made pursuant to section 34. (2) A fatwa shall be published in the national language in the Rumi script, but a text of the fatwa in the Jawi script may also be published. Administration of Islamic Law (Federal Territories) 27 Amendment, modification or revocation of fatwa 36. (1) The Mufti may amend, modify or revoke any fatwa that has been issued earlier by him or by any previous Mufti. (2) An amendment, a modification or a revocation of a fatwa shall be deemed to be a fatwa and the provisions of subsections 34(3) and (4) and subsection 35(2) shall apply thereto. (3) An amendment, a modification or a revocation of a fatwa shall cite that it is made pursuant to subsection (1). The Islamic Legal Consultative Committee 37. (1) There shall be a committee to be known as the Islamic Legal Consultative Committee. (2) The Committee shall consist of— (a) the Mufti, as Chairman; (b) the Deputy Mufti; (c) two members of the Majlis nominated by the Majlis; (d) not less than two fit and proper persons to be appointed by the Majlis; and (e) an officer of the Islamic Religious Department of the Federal Territories to be appointed by the Majlis, who shall be the Secretary. (3) The persons who, immediately before the coming into force of this section, were appointed members of the Legal Committee established under section 40 of the Enactment shall, subject to this Act, be deemed to have been nominated or appointed to be members of the Islamic Legal Consultative Committee and shall continue to be members until the expiry of their current period of appointment. 28 Laws of Malaysia ACT 505 (4) Of the persons referred to in subsection (3), two who are members of the Majlis shall be deemed to have been nominated under paragraph (2)(c) and the rest shall be deemed to have been appointed under paragraph (d) of that subsection. (5) Whenever the Mufti proposes to make a fatwa under section 34 he shall call a meeting of the Committee for the purpose of discussing the proposed fatwa. (6) Before the Mufti makes a fatwa, he may cause such studies or research to be conducted as he may direct and a working paper prepared. Request for opinion from the Mufti 38. Notwithstanding any written law to the contrary, the Mufti shall not be liable to be summoned to any civil court or Syariah Court to give opinion or evidence relating to Islamic Law, but if in any court other than a Syariah Court, any question of Islamic Law calls for a decision, that court may request the opinion of the Mufti on the question, and the Mufti may certify his opinion to the requesting court. Authorities to be followed 39. (1) In issuing any fatwa under section 34, or certifying any opinion under section 38, the Mufti shall ordinarily follow the accepted views (qaul muktamad) of the Mazhab Syafie. (2) If the Mufti considers that following the qaul muktamad of the Mazhab Syafie will lead to a situation which is repugnant to public interest, the Mufti may follow the qaul muktamad of the Mazhab Hanafi, Maliki or Hanbali. (3) If the Mufti considers that none of the qaul muktamad of the four Mazhabs may be followed without leading to a situation which is repugnant to public interest, the Mufti may then resolve the question according to his own judgment without being bound by the qaul muktamad of any of the four Mazhabs. Administration of Islamic Law (Federal Territories) 29 PART IV SYARIAH COURTS Constitution of Syariah Courts 40. (1) The Yang di-Pertuan Agong may, on the advice of the Minister, by notification in the Gazette constitute Syariah Subordinate Courts for the Federal Territories at such places as he considers fit. (2) The Yang di-Pertuan Agong may, on the advice of the Minister, by notification in the Gazette constitute a Syariah High Court for the Federal Territories. (3) The Yang di-Pertuan Agong may, on the advice of the Minister, by notification in the Gazette constitute a Syariah Appeal Court for the Federal Territories. Appointment of Chief Syariah Judge 41. (1) The Yang di-Pertuan Agong may, on the advice of the Minister, after consultation with the Majlis, appoint a Chief Syariah Judge. (2) A person is qualified for appointment under subsection (1) if— (a) he is a citizen; and (b) he — (i) has, for a period of not less than ten years preceding his appointment, been a Judge of a Syariah High Court or a Kathi or a Registrar or a Syariah Prosecutor of a State or sometimes one and sometimes another; or (ii) is a person learned in Islamic Law. (3) The person who, immediately before the commencement of this section, was holding the appointment of Kathi Besar under 30 Laws of Malaysia ACT 505 subsection 43(1) of the Enactment and was performing judicial functions shall, on the commencement of this section, continue to hold office as the Chief Syariah Judge as if he had been appointed under subsection (1). (4) The appointment under this section shall be published in the Gazette. Appointment of Judges of the Syariah Appeal Court 42. (1) The Yang di-Pertuan Agong may, on the advice of the Minister, after consultation with the Majlis, appoint for a period not exceeding three years not more than seven Muslims to constitute a standing panel of judges and the Chief Syariah Judge shall select two from amongst them to form a quorum of judges in the Syariah Appeal Court in respect of every hearing. (2) The names of the seven members shall be published in the Gazette. Appointment of Judges of the Syariah High Court 43. (1) The Yang di-Pertuan Agong may, on the advice of the Minister, after consultation with the Majlis, appoint Judges of the Syariah High Court. (2) A person is qualified for appointment under subsection (1) if— (a) he is a citizen; and (b) he— (i) has, for a period of not less than ten years preceding his appointment, been a Judge of a Syariah Subordinate Court or a Kathi or a Registrar or a Syariah Prosecutor of a State or sometimes one and sometimes another; or (ii) he is a person learned in Islamic Law. Administration of Islamic Law (Federal Territories) 31 (3) The persons who, immediately before the commencement of this section, were holding the appointment of Kathi under subsection 43(1) of the Enactment and were performing judicial functions shall, on the commencement of this section, continue to hold office as Judges of the Syariah High Court as if they had been appointed under subsection (1). (4) All appointments under this section shall be published in the Gazette. Appointment of Judges of Syariah Subordinate Courts 44. (1) The Yang di-Pertuan Agong may, on the recommendation of the Chief Syariah Judge, appoint from amongst members of the general public service of the Federation Judges of the Syariah Subordinate Courts. (2) All appointments under subsection (1) shall be published in the Gazette. Registrars 45. The Yang di-Pertuan Agong may, on the advice of the Chief Syariah Judge, appoint, from amongst members of the general public service of the Federation, a Chief Registrar of the Syariah Appeal Court, a Registrar of the Syariah High Court, and Assistant Registrars of the Syariah Subordinate Courts. Jurisdiction of Syariah High Court 46. (1) A Syariah High Court shall have jurisdiction throughout the Federal Territories and shall be presided over by a Syariah Judge. (2) A Syariah High Court shall— 32 Laws of Malaysia ACT 505 (a) in its criminal jurisdiction, try any offence committed by a Muslim and punishable under the Enactment or the Islamic Family Law (Federal Territories) Act 1984 [Act 303], or under any other written law prescribing offences against precepts of the religion of Islam for the time being in force, and may impose any punishment provided therefor; (b) in its civil jurisdiction, hear and determine all actions and proceedings in which all the parties are Muslims and which relate to— (i) betrothal, marriage, ruju’, divorce, nullity of marriage (fasakh), nusyuz, or judicial separation (faraq) or other matters relating to the relationship between husband and wife; (ii) any disposition of, or claim to, property arising out of any of the matters set out in subparagraph (i); (iii) the maintenance of dependants, legitimacy, or guardianship or custody (hadhanah) of infants; (iv) the division of, or claims to, harta sepencarian; (v) wills or death-bed gifts (marad-al-maut) of a deceased Muslim; (vi) gifts inter vivos, or settlements made without adequate consideration in money or money’s worth, by a Muslim; (vii) wakaf or nazr; (viii) division and inheritance of testate or intestate property; (ix) the determination of the persons entitled to share in the estate of a deceased Muslim or of the shares to which such persons are respectively entitled; or Administration of Islamic Law (Federal Territories) 33 (x) other matters in respect of which jurisdiction is conferred by any written law. Jurisdiction of Syariah Subordinate Court 47. (1) A Syariah Subordinate Court shall have jurisdiction throughout the Federal Territories and shall be presided over by a Judge of the Syariah Subordinate Court. (2) The Syariah Subordinate Court shall— (a) in its criminal jurisdiction, try any offence committed by a Muslim under the Enactment or any other written law prescribing offences against precepts of the religion of Islam for which the maximum punishment provided by the Enactment or such written law does not exceed two thousand ringgit or imprisonment for a term of one year or to both, and may impose any punishment provided therefor; (b) in its civil jurisdiction, hear and determine all such actions and proceedings as the Syariah High Court is authorized to hear and determine in which the amount or value of the subject-matter in dispute does not exceed fifty thousand ringgit or is not capable of estimation in terms of money. (3) The Yang di-Pertuan Agong may from time to time by notification in the Gazette extend the civil jurisdiction of the Syariah Subordinate Court. Appeal to Syariah High Court 48. (1) An appeal shall lie to the Syariah High Court from any decision of a Syariah Subordinate Court— (a) in its criminal jurisdiction, by the prosecution or by a person convicted, and such appeal may be against an acquittal, conviction or sentence or any of them; 34 Laws of Malaysia ACT 505 (b) in its civil jurisdiction— (i) by any person aggrieved by the decision, if the amount claimed is not less than one thousand ringgit; (ii) in all cases involving any decision as to personal status, by any person aggrieved by the decision; (iii) in all cases relating to maintenance of dependants, by any person aggrieved by the decision, but no appeal shall lie against a decision made by consent; and (c) in any other case, if the Syariah High Court gives leave to appeal. (2) On any appeal, the Syariah High Court may— (a) in a criminal matter, dismiss the appeal, convict and sentence the appellant, order the trial Court to call for the defence or make further inquiry, enhance or alter the nature of the sentence, order a retrial, or alter or reverse any order of the trial Court; (b) in a civil matter, confirm, reverse or vary the decision of the trial Court, exercise any such powers as the trial Court could have exercised, make such order as the trial Court ought to have made, or order a retrial. Application for leave to appeal 49. (1) An appeal or application for leave to appeal under paragraph 48(1)(c) shall be made to the Syariah High Court in such manner as may be prescribed, but in any event within fourteen days from the date of the judgment, order or decision in respect of which the application is made or, in the event that the applicant was not at Administration of Islamic Law (Federal Territories) 35 that date aware thereof and could not by the exercise of reasonable diligence have been so aware, within fourteen days from the date such judgment, order, or decision came to his knowledge. (2) The Syariah High Court, on hearing any application for leave to appeal, may on special ground extend the time for appealing, notwithstanding that it may have expired. Inheritance certificates 50. If in the course of any proceedings relating to the administration or distribution of the estate of a deceased Muslim, any court or authority, other than the Syariah High Court or a Syariah Subordinate Court, is under the duty to determine the persons entitled to share in the estate, or the shares to which such persons are respectively entitled, the Syariah Court may, on the request of such court or authority, or on the application of any person claiming to be a beneficiary or his representative and on payment by him of the prescribed fee, certify the facts found by it and its opinion as to the persons who are entitled to share in the estate and as to the shares to which they are respectively entitled. Supervisory and revisionary jurisdiction of the Syariah High Court 51. (1) The Syariah High Court shall have supervisory and revisionary jurisdiction over all Syariah Subordinate Courts and may, if it appears desirable in the interest of justice, either of its own motion or at the instance of any party or person interested, at any stage in any matter or proceedings, whether civil or criminal, in any Syariah Subordinate Court, call for and examine any records thereof and may give such directions as justice may require. (2) Whenever the Syariah High Court calls for the records under subsection (1), all proceedings in the Syariah Subordinate Court on the matter or proceedings in question shall be stayed pending further order of the Syariah High Court. 36 Laws of Malaysia ACT 505 Jurisdiction of Syariah Appeal Court 52. (1) The Syariah Appeal Court shall have jurisdiction to hear and determine any appeal against any decision made by the Syariah High Court in the exercise of its original jurisdiction. (2) When an appeal from a decision of a Syariah Subordinate Court has been determined by the Syariah High Court, the Syariah Appeal Court may on the application of any party grant leave for the determination by itself of any question of law of public interest which has arisen in the course of the appeal and the determination of which by the Syariah High Court has affected the result of the appeal. (3) When leave has been granted by the Syariah Appeal Court it shall hear and determine the question allowed to be referred for its determination and make such order as the Syariah High Court might have made and as it considers just for the disposal of the appeal. Supervisory and revisionary jurisdiction of the Syariah Appeal Court 53. (1) The Syariah Appeal Court shall have supervisory and revisionary jurisdiction over the Syariah High Court and may, if it appears desirable in the interest of justice, either of its own motion or at the instance of any party or person interested, at any stage in any matter or proceedings, whether civil or criminal, in the Syariah High Court, call for and examine any records thereof and may give such directions as justice may require. (2) Whenever the Syariah Appeal Court calls for the records under subsection (1), all proceedings in the Syariah High Court on the matter or proceedings in question shall be stayed pending further order of the Syariah Appeal Court. Administration of Islamic Law (Federal Territories) 37 Composition of the Syariah Appeal Court 54. (1) An appeal in the Syariah Appeal Court shall be heard and disposed of by a chairman and such two Judges of the Syariah Appeal Court as the Chief Syariah Judge may determine. (2) Notwithstanding section 42 of this Act, the Chief Syariah Judge may appoint any Judge of the Syariah High Court to be a member of the Syariah Appeal Court for any particular proceedings if the Chief Syariah Judge considers it desirable to do so. (3) The Chief Syariah Judge shall be the chairman for every proceedings of the Syariah Appeal Court, and in the event he is unable to act, the Chief Syariah Judge shall appoint the most senior of the Judges of the Syariah Appeal Court to be chairman. Decision by majority 55. The appeal shall be decided in accordance with the opinion of the majority of the members of the Syariah Appeal Court. Continuation of proceedings in Syariah Appeal Court notwithstanding absence of Judge 56. (1) If, in the course of any proceedings in an appeal or at any time before delivery of the judgment, any Judge of the Syariah Appeal Court hearing the proceedings is unable, through illness or any other cause, to attend and complete the proceeding or otherwise exercise his function as a Judge of that Court, then, if both parties consent, the hearing shall continue and judgment or reserved judgment, as the case may be, shall be given by the remaining two Judges of the Court, and for the purposes of the appeal the Court shall be deemed to have been properly constituted. (2) In any such case as is mentioned in subsection (1), if there is no unanimous decision, the appeal shall be reheard. 38 Laws of Malaysia ACT 505 (3) If under subsection (1) both parties do not give their consent, or more than one Judge are unable, through illness or any other cause, to attend and complete the proceeding or otherwise exercise their functions as Judges of that Court, the appeal shall be reheard. Appeal rules 57. The Chief Syariah Judge may make rules on the procedure for appeals and applications for leave to appeal. Reciprocal action 57A. (1) Where a Syariah Court in any State in Malaysia issues a warrant or summons, as the case may be, under any law of that State to be executed or served on any person who is or is believed to be in the Federal Territories, any Syariah Judge may endorse the warrant or summons by signing it and the warrant or summons may be executed or served on such person as if the warrant or summons had been issued by a Syariah Court in the Federal Territories according to the provisions of this Act. (2) Where a Syariah Court in the Federal Territories issues a warrant authorizing the arrest of any person or summons calling any person to appear in a Syariah Court, and such person is or is believed to be in another State in Malaysia and such warrant or summons is executed or served on such person in accordance with any law of that State, the warrant or summons shall, for the purpose of this Act, be deemed to have been duly executed or served as if the execution or service had been effected in the Federal Territories. (3) Where a Syariah Court in any State in Malaysia makes an order or a judgment under any law of that State against a person and such person is or is believed to be in the Federal Territories, a Syariah Judge, if he is satisfied that the order or judgment was duly issued by a competent Syariah Court in any State in Malaysia, may endorse the order or judgment and such order or judgment may be executed or served, as the case may be, as if it had been an order or a judgment Administration of Islamic Law (Federal Territories) 39 lawfully issued by any Syariah Court in the Federal Territories according to the provisions of this Act. (4) Where a Syariah Court in the Federal Territories makes an order or a judgment against any person or an order calling any person to appear in a Syariah Court and such person is or is believed to be in another State in Malaysia and the order or judgment is executed or served on such person in accordance with any law of that State, such order or judgment shall, for the purpose of this Act, be deemed to have been duly executed or served as if the execution or service had been effected in the Federal Territories. PART V PROSECUTION, ENFORCEMENT AND REPRESENTATION Appointment of Syariah Prosecutors and Religious Enforcement Officers 58. (1) The Yang di-Pertuan Agong may, on the advice of the Minister, appoint a person who is qualified to be a Judge of the Syariah High Court, to be the Chief Syariah Prosecutor. (2) The Chief Syariah Prosecutor shall have power exercisable at his discretion to institute, conduct or discontinue any proceedings for an offence before a Syariah Court. (3) The Chief Syariah Prosecutor may appoint fit and proper persons from among the members of the general public service of the Federation to be the Syariah Prosecutors who shall act under the general control and direction of the Chief Syariah Prosecutor and may exercise all or any of the rights and powers vested in or exercisable by the Chief Syariah Prosecutor except rights and powers expressed to be exercisable by the Chief Syariah Prosecutor personally. (3A) The rights and powers vested in or exercisable by the Chief Syariah Prosecutor by subsection (3) shall be exercisable by the Chief Syariah Prosecutor personally. 40 Laws of Malaysia ACT 505 (4) The Majlis may appoint from among the members of the general public service of the Federation a Chief Religious Enforcement Officer and Religious Enforcement Officers to carry out the investigation of offences under this Act or under any other written law prescribing offences against precepts of the religion of Islam. (5) The Religious Enforcement Officers shall act under the general control and direction of the Chief Religious Enforcement Officer and may exercise all or any of the rights and powers vested in or exercisable by the Chief Religious Enforcement Officer except rights and powers expressed to be exercisable by the Chief Religious Enforcement Officer personally. 59. (Deleted by Act A1606). PART VI FINANCIAL Charitable Trusts Establishment of Baitulmal 60. (1) A Fund to be known as Baitulmal is hereby established. The Fund shall consist of all moneys and properties, movable or immovable, which by Islamic Law or under the provisions of this Act or rules made thereunder, accrue, or which are contributed by any person, to the Fund. (2) All moneys and properties in the Fund shall be vested in the Majlis which shall administer all such moneys and properties in accordance with rules made under this Act: Provided that any investments of assets and funds vested in the Majlis may be sold, realized and disposed of, and the proceeds thereof may be invested from time to time in any investments authorized by any written law for the time being in force for the investment of trust funds. Administration of Islamic Law (Federal Territories) 41 (3) Subject to the provisions of this Act, the Majlis, with the approval of the Yang di-Pertuan Agong, may make rules for the collection, administration and distribution of all properties of the Fund. Wakaf and nazr 61. Notwithstanding any provision to the contrary contained in any instrument or declaration creating, governing or affecting the same, the Majlis shall be the sole trustee of all wakaf, whether wakaf ‘am or wakaf khas, of all nazr ‘am, and of all trusts of every description creating any charitable trust for the support and promotion of the Muslim religion or for the benefit of Muslims in accordance with Islamic Law, to the extent of any property affected thereby and situated in the Federal Territories and, where the settlor or other person creating the trust, wakaf or nazr ‘am was domiciled in the Federal Territories, to the extent of all properties affected thereby wherever situated. Vesting 62. (1) All properties subject to the provisions of section 61 and situated in the Federal Territories shall without any conveyance, assignment or transfer whatsoever, and, in the case of immovable property, upon registration under the relevant written laws relating to land, vest in the Majlis, for the purposes of the trust, wakaf or nazr ‘am affecting the same. (2) The Majlis shall take all necessary steps to vest in itself for the like purposes any such property situated elsewhere than in the Federal Territories. Restrictions on creation of charitable trusts 63. (1) Whether or not made by way of will or death-bed gift, no wakaf or nazr made after the commencement of this Act and involving more than one-third of the property of the person making the same shall be valid in respect of the excess beyond such one-third. 42 Laws of Malaysia ACT 505 (2) Every wakaf khas or nazr made after the commencement of this Act shall be null and void unless— (a) the Yang di-Pertuan Agong, on the advice of the Majlis, has expressly sanctioned and validated the same; or (b) it was made during a serious illness from which the maker subsequently died and was made in writing by an instrument executed by him and witnessed by two adult Muslims living in the same kariah masjid as the maker. (3) This section shall not operate to render valid any will, death-bed gift, wakaf or nazr which is invalid under the provisions of Islamic Law. Income of wakaf and nazr 64. (1) The income of a wakaf khas, if received by the Majlis, shall be applied by it in accordance with the lawful provisions of such wakaf khas. (2) The income of every other wakaf and of every nazr ‘am shall be paid to and form part of the Fund. Capital of wakaf and nazr ‘am 65. (1) Subject to subsections (2) and (3), the capital property and assets affected by any lawful wakaf or nazr ‘am shall not form part of the Fund, but shall be applied in pursuance of such wakaf or nazr ‘am and held as segregated funds. (2) If due to lapse of time or change of circumstances it is no longer possible beneficially to carry out the exact provisions of any wakaf or nazr ‘am, the Majlis shall prepare a scheme for the application of the property and assets affected thereby in a manner as closely as may be analogous to that required by the terms of such wakaf or nazr ‘am, and shall apply the same accordingly: Administration of Islamic Law (Federal Territories) 43 Provided that the Majlis may, with the approval in writing of the Yang di-Pertuan Agong, direct that such property and assets shall be added to and form part of the Fund. (3) If the terms of any wakaf or nazr ‘am are such that no method of application of the capital property and assets affected thereby is specified, or it is uncertain in what manner the same should be applied, the Majlis may direct that such capital property and assets shall be added to and form part of the Fund. (4) All instruments creating, evidencing or affecting any wakaf or nazr‘am, together with any documents of title or other securities relating thereto, shall be held and retained by the Majlis. Construction of instruments 66. If in the opinion of the Majlis the meaning or effect of any instrument or declaration creating or affecting any wakaf or nazr is obscure or uncertain, the Majlis may refer the same to the Mufti for his opinion as to the meaning or effect thereof, and shall act on any opinion so given by the Mufti. Accounts and annual reports 67. The provisions of the Statutory Bodies (Accounts and Annual Reports) Act 1980 [Act 240] shall apply to the Majlis and to any corporation established under this Act. Wakaf and nazr property 68. As soon as possible after 31 December in every year the Majlis shall prepare, issue and publish in the Gazette a list of all properties, investments and assets vested in the Majlis subject to any trust, wakaf or nazr, and not forming part of the Fund. 44 Laws of Malaysia ACT 505 Estimates 69. (1) The Majlis shall prepare and submit to the Yang di-Pertuan Agong not later than 31 October in each year estimates of all income and expenditure of the Majlis, including therein estimates of all property receivable and disposable in kind, in respect of the ensuing year. The Yang di-Pertuan Agong, on the advice of the Minister, may approve such estimates or may direct that the same be amended. Upon such approval or amendment the said estimates shall be published in the Gazette. (2) The Majlis may at any time submit to the Yang di-Pertuan Agong supplementary estimates of expenditure in respect of the current year, or, at any time prior to 31 March in any year, in respect of the preceding year, and the same may be approved or amended, and shall be published, in like manner. (3) No moneys shall be expended, or property disposed of in kind, save in accordance with such estimates as aforesaid and upon a voucher signed by the Chairman or any officer of the Majlis or any other officer authorized by the Chairman. Expenses of the Majlis 70. All costs, charges and expenses of administering the property and assets vested in the Majlis, including the cost of maintenance and repair of any immovable property, the salaries and allowances of all servants of the Majlis, and the fees and allowances payable to any officer or member of the Majlis in respect of his services as such, shall be paid out of the property and assets of the Fund. Banker 71. (1) The Majlis shall appoint any banker which is suitable and may operate such account or accounts as may seem proper. (2) Payments by the Majlis of amounts exceeding fifty ringgit shall be made by cheque. All moneys received by or for the Majlis shall be Administration of Islamic Law (Federal Territories) 45 paid into a bank account of the Majlis in the manner provided in the Financial Procedure of the Majlis. (3) Cheques drawn on any bank account of the Majlis shall be signed by the Chairman or by any member or officer of the Majlis or any other officer authorized by the Chairman. PART VII MOSQUES Trusteeship of mosques and related lands 72. Notwithstanding any provision to the contrary in any written instrument, the Majlis shall be the trustee of all mosques in the Federal Territories; and every mosque, together with the land on which it stands and any land which is appurtenant to and used for the purposes of the mosque, other than Government land or land reserved for a public purpose, shall, upon registration under the relevant written laws relating to land, and without any conveyance, assignment, or transfer, vest in the Majlis for the purposes of this Act. Restriction on establishment of mosques 73. (1) No person shall, without permission in writing of the Majlis, erect any building to be used as a mosque, or otherwise apply any building for the purposes of a mosque, or cause or permit any building to be used as a mosque. (2) The Majlis shall not give its permission under subsection (1) unless the site of the building for the proposed mosque has been made a wakaf in perpetuity. Maintenance of mosques and compounds 74. (1) The Majlis shall ensure that all mosques in the Federal Territories are kept in a proper state of repair and that the compounds 46 Laws of Malaysia ACT 505 thereof are maintained in a proper state of cleanliness; and the Majlis may raise and apply, or authorize the raising and application of, special funds for the purpose of such repairs and maintenance, or may defray the cost of such repairs and maintenance from the Fund. (2) The Naqib Masjid or Imam shall promptly inform the Majlis of any want of repair in his mosque, and shall inspect or supervise any repairs as agent for and on behalf of the Majlis. (3) No material alteration to the structure of a mosque shall be made without the permission in writing of the Majlis. (4) The Majlis may direct a jawatankuasa kariah to keep the mosque for which it is responsible in a proper state of repair. Boundaries of kariah masjid 75. The Majlis may at any time by notification in the Gazette determine, amend, or alter the boundaries of any kariah masjid. Appointment of the Pegawai Masjid 76. (1) For every mosque in the Federal Territories there shall be appointed a Naqib Masjid, an Imam, an Imam Ratib, a Bilal, and a Pembantu Bilal. (2) The posts of Naqib Masjid, Imam, and Bilal shall be posts in the general public service of the Federation. (3) The Naqib Masjid, Imam, and Bilal shall be appointed by the Majlis from amongst persons serving in the Religious Administrative service. (4) The Imam Ratib and Pembantu Bilal shall be appointed by the Majlis, on the advice of the Islamic Legal Consultative Committee, from amongst the anak kariah. Administration of Islamic Law (Federal Territories) 47 (5) Upon the commencement of this section, every person who, immediately before that commencement, was the Imam or Bilal of a mosque appointed under the Enactment shall be deemed to have been duly appointed under this section to be the Imam or Bilal respectively of the mosque and shall, subject to section 78 continue to hold office as such. Tauliah 77. (1) Every person appointed by the Majlis to be a Pegawai Masjid, including every person deemed to have been so appointed under subsection 76(5), shall be given a tauliah by the Majlis. (2) Every Pegawai Masjid shall have such powers and duties as may be set out in their respective tauliah. Tenure of office of Pegawai Masjid 78. (1) The appointment of a Pegawai Masjid may be terminated by a notice from the Majlis. (2) No Imam Ratib and Pembantu Bilal shall remain in office after reaching the age of sixty years. (3) It shall be the duty of the Secretary to bring to the notice of the Majlis any disgraceful conduct on the part of any Pegawai Masjid whether in relation to his duties as such or otherwise and to make any reasonable recommendations. Control and direction over Pegawai Masjid 79. In the performance of their duties, the Imam, Imam Ratib, Bilal and Pembantu Bilal shall be subject to the control and direction of the Naqib Masjid. 48 Laws of Malaysia ACT 505 Abolition of office of Nazir 80. Upon the commencement of section 76, the office of Nazir of a mosque shall cease to exist. The Jawatankuasa Kariah 81. (1) The Majlis may, with the approval of the Yang di-Pertuan Agong, make rules for— (a) the establishment of a jawatankuasa kariah; (b) prescribing the manner in which the members of the jawatankuasa kariah shall be appointed; and (c) prescribing the functions of the jawatankuasa kariah. (2) The jawatankuasa kariah, in conjunction with the Pegawai Masjid, shall— (a) be responsible for the proper conduct and good order of the mosque and all Muslim burial grounds within its kariah; (b) be responsible for the good conduct of the anak kariah in matters relating to the religion of Islam; and (c) give due and prompt information to the Majlis of all matters arising in the kariah that require the attention of the Majlis. Exemption 82. (1) The Majlis may, by notification in the Gazette, exempt any mosque from all or any of the provisions of this Part. (2) The provisions of this Part, except section 72, shall not apply to the Masjid Negara. Administration of Islamic Law (Federal Territories) 49 Power to amend Third Schedule 83. The Majlis may, from time to time, amend the Third Schedule by notification in the Gazette. PART VIII CHARITABLE COLLECTIONS Charitable collections 84. (1) The Majlis may collect, or grant an authorization letter with such terms as it thinks fit to any person or body of persons authorizing him or them to collect moneys or other contributions for any charitable purpose for the support and promotion of the religion of Islam or for the benefit of Muslims in accordance with Islamic Law. (2) It shall be deemed to be a term of every such authorization letter that the grantee thereof and every other person authorized thereby to collect moneys or other contribution shall— (a) issue in respect of every sum so collected a serially numbered receipt in the prescribed form; (b) keep true and full accounts of all sums so collected and of the disposal thereof with all proper vouchers; (c) produce on demand the counterfoils of such receipts and all such accounts and vouchers for inspection and audit by the Majlis; (d) apply and dispose of all sums so collected in accordance with the terms of such authorization letter or, if no method of disposal thereof be thereby expressly authorized, pay and account for the same to the Baitulmal. (3) Moneys collected in pursuance of this section may be applied for any purpose specified by the Majlis, and if there is no such purpose so specified, shall form part of the Fund. 50 Laws of Malaysia ACT 505 (4) No person shall make or take part in any collection of money for any such purpose as aforesaid except with the express authority of the Majlis or by virtue of an authorization letter under subsection (1). (5) Any person who contravenes subsection (4) shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding one thousand ringgit or to both. PART IX CONVERSION TO ISLAM Requirements for conversion 85. (1) The following requirements shall be complied with for a valid conversion of a person to Islam: (a) the person must utter in reasonably intelligible Arabic the two clauses of the Affirmation of Faith; (b) at the time of uttering the two clauses of the Affirmation of Faith the person must be aware that they mean “I bear witness that there is no god but Allah and I bear witness that the Prophet Muhammad S.A.W. is the Messenger of Allah”; and (c) the utterance must be made of the person’s own free will. (2) A person who is incapable of speech may, for the purpose of fulfilling the requirement of paragraph (1)(a), utter the two clauses of the Affirmation of Faith by means of signs that convey the meaning specified in paragraph (b) of that subsection. Moment of conversion 86. A person is converted to Islam and becomes a Muslim as soon as he finishes uttering the two clauses of the Affirmation of Faith Administration of Islamic Law (Federal Territories) 51 provided that the requirements of section 85 are fulfilled, and that person shall then be referred to as a muallaf. Duties and obligations of a muallaf 87. From the moment of his conversion, a muallaf becomes subject to the same duties and obligations as any other Muslim. Registrar and Register of Muallafs 88. A Registrar of Muallafs shall be appointed by the Majlis to maintain a Register of Muallafs in the prescribed form for the registration of muallafs. Registration of Muallafs 89. (1) A person who has converted to Islam may apply to the Registrar in the prescribed form for registration as a muallaf. (2) If the Registrar is satisfied that the requirements of section 85 have been fulfilled in respect of the person, the Registrar may register his conversion by entering in the Register of Muallafs the name of the person and other particulars as indicated in the Register. (3) The Registrar shall also determine the date of conversion and enter the date in the Register of Muallafs. (4) In order to satisfy himself of the fact and date of conversion, and the other particulars to be entered in the Register of Muallafs, the Register may make such inquiries and call for such evidence as he considers necessary, but this subsection shall not be construed as precluding the Registrar from relying solely on the word of the applicant for conversion as far as the fact and date of conversion are concerned. (5) If the Registrar is not satisfied that the requirements of section 85 have been fulfilled in respect of the applicant for 52 Laws of Malaysia ACT 505 conversion, he may permit the applicant to utter, in his presence or in the presence of any of his officers, the two clauses of the Affirmation of Faith in accordance with the requirements of that section. Certificate of Conversion 90. (1) The Registrar shall furnish every person whose conversion has been registered with a Certificate of Conversion in the prescribed form. (2) A Certificate of Conversion shall be conclusive proof of the facts stated therein. Recognition of muallafs as Muslims 91. (1) A person who has converted to Islam and has been registered in the Register of Muallafs shall, for the purposes of any Federal or State law, and for all time, be treated as a Muslim. (2) A person whose conversion to Islam has been registered under any law of any State shall, for all purposes in the Federal Territories and for the purposes of implementing in the Federal Territories the provisions of any law, be treated as a Muslim. Determining whether non-registered person is a muallaf 92. If any question arises within the Federal Territories as to whether a person is a muallaf, and the person is not registered in the Register of Muallafs or under any law of any State as a muallaf, that question shall be decided on the merits of the case in accordance with section 85. Administration of Islamic Law (Federal Territories) 53 Offence of giving false information 93. Any person who, in an application for registration under section 89, or in response to any request for information or evidence made by the Registrar under that section, wilfully furnishes the Registrar with any false or misleading information or evidence shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both. Power to make rules 94. The Majlis may make rules for the carrying into effect of the provisions of this Part. Capacity to convert into Islam 95. For the purpose of this Part, a person who is not a Muslim may convert into Islam if he is of sound mind and— (a) has attained the age of eighteen years; or (b) if he has not attained the age of eighteen years, his parent or guardian consents to his conversion. PART X RELIGIOUS EDUCATION The Religious Teaching Supervisory Committee 96. (1) The Majlis shall appoint a committee to be known as the Religious Teaching Supervisory Committee, which shall consist of— (a) a Chairman; and 54 Laws of Malaysia ACT 505 (b) not less than three persons with appropriate experience, knowledge and expertise. (2) The Secretary of the Majlis shall be the secretary to the committee and shall be responsible for implementing the decisions of the committee. (3) The committee shall have power to grant a tauliah for the purpose of teaching on any aspect of the religion of Islam and to withdraw such tauliah. (4) The Majlis, with the approval of the Minister, may make rules providing for— (a) the procedure, requirements and other matters relating to the granting of a tauliah under this section, including the fees chargeable; (b) the procedure of the committee; (c) the allowances payable to members of the committee. Religious School 97. The Majlis shall have power to register Islamic Religious schools in the Federal Territories. Exemption 98. The Majlis may exempt any person or class of persons from any provision of this Part. Administration of Islamic Law (Federal Territories) 55 PART XI GENERAL Rules 99. The Yang di-Pertuan Agong may, on the advice of the Majlis, make rules, which shall be published in the Gazette, for carrying out the provisions of this Act, and in particular, but without prejudice to the generality of the foregoing, such rules may provide for— (a) the procedure of the Majlis, the form of and method of executing instruments by the Majlis, and the appointment of subordinate officers of the Majlis; (b) the fees to be paid in respect of any act or thing done under or in pursuance of this Act, and the method of collecting and disposing of such fees; (c) the appointment of committees of the Majlis and their powers, duties, and procedure; (d) the forms, registers, books of account, reports, accounts, estimates, and other documents to be used in respect of any act or thing done under or in pursuance of this Act; (e) the conduct of any charitable collection and the disposal of the proceeds thereof; (f) the conduct of any mosque or surau or burial ground and all matters relating thereto; (g) the powers and duties of any Pegawai Masjid; (h) the determination and publication of kariah masjid boundaries; (i) the care and instruction of muallafs, and the method of registering muallafs; 56 Laws of Malaysia ACT 505 (j) the administration of Islamic schools and activities relating to religious teaching. Saving of rules and appointments 100. All rules, proclamations, orders, notices, forms, authorization letters and appointments issued or made under or by virtue of any written law repealed by this Act shall remain in force, so far as they are not inconsistent with the provisions of, this Act, until revoked or replaced by rules, proclamations, orders, notices, forms, authorization letters or appointments issued or made under the provisions of this Act. Transitional 101. On the coming into force of this Act, all the powers of the Court of the Chief Kathi or the Courts of a Kathi constituted under section 44 of the Enactment shall be taken over or exercised by the Courts constituted under section 40 and any reference to the Court of the Chief Kathi shall be deemed to be a reference to the Court constituted under subsection 40(2). Amendment of sections 165 and 166 of the Enactment 102. (1) Section 165 of the Enactment in its application to the Federal Territories is amended by substituting for the words “112 of this Enactment, erects any mosque, or dedicates or otherwise applies any existing building as or for the purposes of a mosque”, the words “73 of the Administration of Islamic Law (Federal Territories) Act 1993, erects any building to be used as a mosque, or otherwise applies any building for the purposes of a mosque, or causes or permits any building to be used as a mosque”. (2) Section 166 of the Enactment is amended by inserting, after the word “Kathi”, the words “or a tauliah granted under subsection 96(3) of the Administration of Islamic Law (Federal Territories) Act 1993”. Administration of Islamic Law (Federal Territories) 57 Cessation of application of the Enactment 103. Parts I, II, III, IV, V, VIII, and X (except sections 52 to 93 and 107 to l09) of the Enactment shall cease to apply to the Federal Territories. *NOTE—see section 4 of the Administration of Islamic Law (Federal Territories) (Amendment) (No.2) Act 2019 [Act A1606] w.e.f 21 June 2022 which provides the following provision: Saving and transitional (1) Any application by any person for an admission as a Peguam Syarie, or objection to such application or an admission as a Peguam Syarie, or appeal against the decision relating to the application for admission, or disciplinary proceedings relating to Peguam Syarie, pending before the coming into operation of this Act shall be dealt with under the principal Act as if the principal Act had not been amended. (2) On the date of coming into operation of this Act, any Sijil Peguam Syarie issued under the principal Act before the coming into operation of this Act and is still valid, and any Sijil Peguam Syarie issued for the purpose of subsection (1), shall be subjected to the Syarie Legal Profession (Federal Territories) Act 2019 [Act 814]. 58 Laws of Malaysia ACT 505 FIRST SCHEDULE [Subsection 2(3)] ARABIC SCRIPT FOR CERTAIN WORDS AND EXPRESSIONS Faraq — فرق Fasakh — فسخ Fatwa — فٺوي Hadith — حديٽ Hukum Syarak — شرع حكم Kariah — قريۃ Nass — نص Naqib — نقيب Nazr — نذر Qaul muktamad — معتمد قول Quran — قرأن Ratib — راتب Syariah — شريعۃ Administration of Islamic Law (Federal Territories) 59 SECOND SCHEDULE [Subsection 8(3)] Saving 1. Nothing in section 8 shall be deemed to authorize the Majlis to make an order to establish any corporation having any duty, power or right which is not within the duties, powers or rights of the Majlis under this Act. Binding effect of orders 2. Subject to the provisions of this Act, any order made under section 8 shall be binding on the corporation in respect of which it was made and shall have effect for all purposes as if it had been enacted in this Act. Amendment of, etc., of orders 3. The Majlis may, with the approval of the Yang di-Pertuan Agong, at any time amend, revoke or add to any order made in respect of any corporation under section 8. Register of corporations 4. The Majlis shall keep a register of all corporations established by it under section 8 and such register together with copies of all orders made under that section shall be open to public inspection at such place or places and at such times as it may prescribe. Winding up 5. (1) The Majlis may, with the approval of the Yang di-Pertuan Agong, by order published in the Gazette, direct that any corporation established by it shall be wound up and dissolved. (2) Upon the dissolution of any corporation under this paragraph, the assets of the corporation, after payment of all liabilities, shall be transferred to and be vested in the Majlis. (3) The winding up of a corporation under this paragraph shall be conducted in such manner as the Majlis may prescribe. Corporation to be bodies corporate 6. Every corporation established under section 8 shall be a body corporate by such name as the Majlis shall give to it and shall have perpetual succession and a common seal and may sue and be sued in such name, and, for the purpose of furthering or 60 Laws of Malaysia ACT 505 fulfilling its functions, may enter into contracts and may hold and deal in or with any immovable or movable property and may do all other matters and things incidental or appertaining to a body corporate not inconsistent with the provisions of this Act and subject to such restrictions as may be prescribed by the Majlis in each case. Corporate seal of a corporation 7. (1) Every corporation shall have a corporate seal, which shall bear such device as the corporation, with the approval of the Majlis, may approve, and such seal may from time to time be broken, changed, altered and made anew by the corporation with the approval of the Majlis. (2) Until a seal is provided by a corporation under this paragraph, a stamp bearing the name of the corporation may be used as a common seal. (3) The common seal, or the stamp referred to in subparagraph (2), shall be in the custody of such person as the corporation shall direct and shall be authenticated by that person; and all deeds, documents and other instruments purporting to be sealed with the said seal, authenticated as aforesaid, shall until the contrary is proved be deemed to have been validly executed. (4) Any document or instrument which if executed by a person not being a body corporate would not be required to be under seal may in like manner be executed by the corporation. (5) The seal of every corporation shall be officially and judicially noticed. Administration of Islamic Law (Federal Territories) 61 THIRD SCHEDULE [Section 83] MOSQUES, SURAU AND MADRASAH IN THE FEDERAL TERRITORIES 1. Masjid Wilayah Persekutuan, Jalan Tuanku Abdul Halim, 50480 Kuala Lumpur 2. Masjid Al-Imam Al-Ghazali, Bandar Menjalara, Kepong, 52100 Kuala Lumpur 3. Masjid Anas Bin Malik, Kg. Selayang Lama, Batu Caves, 52100 Kuala Lumpur 4. Masjid Abu Hurairah, Kampung Batu, Batu 5, Jalan Ipoh, 51200 Kuala Lumpur 5. Masjid Saidina Hamzah, Kg. Batu Muda, Batu 4 ½, Jalan Ipoh, 51200 Kuala Lumpur 6. Masjid Amaniah, Jalan Besar, Kepong, 52100 Kuala Lumpur 7. Masjid Al-Firdaus, Segambut Luar, 51200 Kuala Lumpur 8. Masjid Al-Ubudiyyah, Segambut Dalam, 51200 Kuala Lumpur 9. Masjid Al-Zakirin, Taman Wilayah Selayang, 68100 Kuala Lumpur 10. Masjid Al-Qurtubi, Taman Sri Segambut, 51200 Kuala Lumpur 11. Masjid Abi Ayyub Al-Ansari, No. 4, Jalan Batu Muda 6, Taman Batu Muda, Batu Caves, 68100 Kuala Lumpur 12. Masjid Salahuddin Al-Ayyubi, Taman Melati, Setapak, 53100 Kuala Lumpur 13. Masjid Jamek Saad bin Abi Waqqas, Batu 4, Jalan Gombak, 53000 Kuala Lumpur 14. Masjid Al-Hidayah, Sentul Pasar, Sentul, 51000 Kuala Lumpur 15. Masjid Saidina Ali K.W., Kg. Padang Balang, Sentul, 51000 Kuala Lumpur 16. Masjid Zaid bin Haritsah, Kg. Sungai Muda, KM 8 Jalan Gombak, 52100 Kuala Lumpur 62 Laws of Malaysia ACT 505 17. Masjid Jamek Haji Salleh, Jalan Haji Salleh, Sentul, 51100 Kuala Lumpur 18. Masjid Amru Ibnu Al-‘As, Bandar Baru Sentul, 52100 Kuala Lumpur 19. Masjid Ibnu Abbas, No. 61, Taman Ibu Kota, 53100 Kuala Lumpur 20. Masjid Bilal bin Rabah, Taman Koperasi Polis Fasa 1, Batu Caves, 68100 Kuala Lumpur 21. Masjid Al-Imam Al-Syafie, Jalan Perkasa, Taman Maluri, 55100 Kuala Lumpur 22. Masjid Jamek Kampung Baru, Jalan Raja Alang, 50300 Kuala Lumpur 23. Masjid Jamek Sultan Abdul Samad, Jalan Tun Perak, 50050 Kuala Lumpur 24. Masjid Jamek Pakistan, Jalan Raja Muda Abd. Aziz, 50300 Kuala Lumpur 25. Masjid Bukit Aman, Jalan Cenderasari, 50480 Kuala Lumpur 26. Masjid Jamek Alam Shah, Jalan Tun Razak, Pudu, 55100 Kuala Lumpur 27. Masjid India, Jalan Melayu, 50100 Kuala Lumpur 28. Masjid Al-Syakirin, Menara Berkembar Petronas (KLCC), Jalan Pinang, 50450 Kuala Lumpur 29. Masjid Al-Rahimah, Kg. Pandan, 55100 Kuala Lumpur 30. Masjid Nurul Islam, Kg. Desa Pahlawan/Perwira Jaya, Batu 4, Jalan Ampang, 55000 Kuala Lumpur. 31. Masjid Al-Sadiqin, Jalan 2/29b, Taman Kobena, Cheras, 56100 Kuala Lumpur 32. Masjid Albukhary, No. 1, Jalan Hang Tuah, 55000 Kuala Lumpur 33. Masjid Usamah bin Zaid, No. 8 Jalan 2/27A Seksyen 2, Wangsa Maju, 53300 Kuala Lumpur 34. Masjid Al-Akram, Kg. Datuk Keramat, 54000 Kuala Lumpur 35. Masjid Abu Ubaidah Al-Jarrah, Jalan 1/26 Taman Sri Rampai, 53300 Kuala Lumpur 36. Masjid Mu’adh bin Jabal, Persiaran Setiawangsa, Taman Setiawangsa, 54000 Kuala Lumpur Administration of Islamic Law (Federal Territories) 63 37. Masjid Jameul Ehsan, Pekan Setapak, 53000 Kuala Lumpur 38. Masjid Al-Muttaqin, Jalan Wangsa Melawati 6, Wangsa Melawati, 53300 Kuala Lumpur 39. Masjid Ibnu Sina, Lot 16646 & 16648, Jalan Ayer Embun, Taman Tasik Titiwangsa, 53200 Kuala Lumpur 40. Masjid Khalid Ibnu Al-Walid, Jalan Padang Tembak, 54100 Kuala Lumpur 41. Masjid Salihin, Polis Depoh, Jalan Semarak, 54000 Kuala Lumpur 42. Masjid Universiti Teknologi Malaysia, International Campus, Jalan Semarak, 54100 Kuala Lumpur 43. Masjid Ibnu Mas’ud, 102 Jalan Damai, Ampang, 55000 Kuala Lumpur 44. Masjid Muhammad Al-Fatih, Markas 4 Division, Kem Wardieburn, Setapak, 53300 Kuala Lumpur 45. Masjid Al-Muqarrabin, Jalan Liku Tasek Selatan, Bandar Tasek Selatan, 57000 Kuala Lumpur 46. Masjid Al-Zubair Ibnu Al-Awwam, Batu 3 ½ Jalan Cheras, 56100 Kuala Lumpur 47. Masjid Saidina Uthman Ibnu Affan, Bandar Tun Razak, 56000 Kuala Lumpur 48. Masjid Ibnu Khaldun, Pekan Sungai Besi, 57000 Kuala Lumpur 49. Masjid Abdul Rahman bin Auf, Batu 5 ½ Jalan Puchong, 58200 Kuala Lumpur 50. Masjid Jamek Bandar Baru Sri Petaling, Bandar Baru Sri Petaling, Jalan Radin, Bandar Baru Sri Petaling, 57100 Kuala Lumpur 51. Masjid Al-Muhsinin, Jalan Desa Bakti, Taman Danau Desa, Off Jalan Klang Lama, 58100 Kuala Lumpur 52. Masjid Al-Imam Al-Tirmidhi, Taman Sri Sentosa, Jalan Klang Lama, 58200 Kuala Lumpur 53. Masjid Al-Khasyi’in, Taman Desa Petaling, 57100 Kuala Lumpur 54. Masjid Al-Najihin, Bandar Seri Permaisuri, Cheras, 56000 Kuala Lumpur 64 Laws of Malaysia ACT 505 55. Masjid Al-Mukhlisin, Taman Alam Damai, Cheras, 56000 Kuala Lumpur 56. Masjid Tariq bin Ziyad, Pangkalan Tentera Darat, Kem Sungai Besi, 57100 Kuala Lumpur 57. Masjid Abdullah bin Al-Zubair, Pangkalan Tentera Udara, Jalan Lapangan Terbang Lama, 50460 Kuala Lumpur 58. Masjid Talhah bin Ubaidillah, Jalan Alam Sutera, Bukit Jalil, 57000 Kuala Lumpur 59. Masjid Al-Mubarakah, 21A, Jalan 12/144A, Taman Bukit Cheras, 56000 Kuala Lumpur 60. Masjid Zaid Bbin Thabit, Desa Tun Razak, 56000 Kuala Lumpur 61. Masjid Saidina Umar bin Al-Khattab, Jalan Setiabudi, Bukit Damansara, 50490 Kuala Lumpur 62. Masjid Saidina Abu Bakar Al-Siddiq, Jalan Ara Bangsar, 59000 Kuala Lumpur 63. Masjid Al-Rahman, Jalan Pantai Baru, 59000 Kuala Lumpur 64. Masjid Al-Taqwa, Taman Tun Dr. Ismail, 60000 Kuala Lumpur 65. Masjid Al-Ghufran, Kompleks Balai Islam, Pinggiran Taman Tun Dr. Ismail, 60000 Kuala Lumpur 66. Masjid Al-Ikhlasiah, Kg. Kerinchi, Jalan Pantai Permai 7, Off Jalan Pantai Dalam, 59200 Kuala Lumpur 67. Masjid Jamek Tengku Abdul Aziz Shah, Sg. Penchala, Jalan Damansara, 60000 Kuala Lumpur 68. Masjid Al-Khadijiyyah, No.5 Jalan Pantai Dalam, 59200 Kuala Lumpur 69. Masjid Al-Hidayah, Lot 2957, Kg. Sungai Penchala, Jalan Damansara, 60000 Kuala Lumpur 70. Masjid Al-Rahah, Lot 51805, Kg. Kerinchi, 59200 Kuala Lumpur 71. Masjid Muhammadi, Jalan Pantai, Angkasapuri, 50610 Kuala Lumpur 72. Masjid Jamek Abdullah Hukum, Jalan Bangsar, Kampung Haji Abdullah Hukum, 59200 Kuala Lumpur Administration of Islamic Law (Federal Territories) 65 73. Masjid Mahmoodiah, Jalan 18c, Presint 18, 62100 Putrajaya 74. Masjid Jamek Al-Nur, Peti Surat 82197, 87029 Labuan 75. Masjid Al-Muttaqin, Taman 10FC, Kg. Kerupang 2, 87000 Labuan 76. Masjid Jamek Layang-Layangan, Kg. Layang-Layang, Peti Surat 81896, 87028 Labuan 77. Masjid Rancha-Rancha Darat, RR 0406 Kg. Ranca-Ranca, 87000 Labuan 78. Masjid Al-Muzakkirullah, Kg. Lubok Temiang, 87000 Labuan 79. Masjid Nurul Iman, Kg. Sungai Bedaun, Peti Surat 80812, 87000 Labuan 80. Masjid Nur Iman, Kg. Ganggarak, Peti Surat 80693, 87016 Labuan 81. Masjid Jamek Adam, Kg. Lajau, 87000 Labuan 82. Masjid Bebuloh Darat, Kg. Bebuloh Darat, 87000 Labuan 83. Masjid Al-Rahman, Kg. Sungai Lada, 87000 Labuan 84. Masjid Sirajul Islam, Kg. Tanjung Aru, 87000 Labuan 85. Masjid Al-Falah, Jalan Mohd Salleh, Kg. Bukit Kallam, 87000 Labuan 86. Masjid Munawwar, Kg. Pohon Batu, 87000 Labuan 87. Masjid Al-Ehsan, Kg. Sungai Labu, 87000 Labuan 88. Masjid Sultan Muhammad V, LS 7096, Jalan Pohon Batu, Kg. Lajau, 87008 Labuan 89. Masjid Al-Hijrah, Kg. Sungai Miri, 87000 Labuan 90. Surau Salman Al-Farisi, Kem Batu Kentomen, Jalan Ipoh, 51200 Kuala Lumpur 91. Surau Al-Hijrah, D-0-3 PPR Intan Baiduri, Jalan Intan Biduri, Kepong Utara, 52100 Kuala Lumpur 92. Surau Al-Hidayah, PPR Taman Wahyu 2, Off Jalan Sibu, Jalan Ipoh, 51200 Kuala Lumpur 66 Laws of Malaysia ACT 505 93. Madrasah Al-Islah Al-Diniah, No. 1A, Jalan Api-Api, Kepong Baru, 52100 Kuala Lumpur 94. Surau Al-Hikmah, PPR Beringin, Jinjang Utara, 52100 Kuala Lumpur 95. Surau Al-Khir, Lot 28188, Jalan 36/10, Taman Koperasi Polis Fasa II, 68100 Kuala Lumpur 96. Surau Al-Muqarrabin, SMK Segambut Jaya, Jalan 4/38A, Segambut, 51200 Kuala Lumpur 97. Surau Al-Taqwa, Persiaran Blok 205, Jalan Dato Senu Utama, 51000 Kuala Lumpur 98. Surau Al-Taqwa, Jalan Jerejak, 53100 Kuala Lumpur 99. Surau Medan Idaman, Lot 18, Medan Idaman, 53100 Kuala Lumpur 100. Madrasah Raudatul Muttaqin, Jalan 11/48 Taman Dato Senu, Jalan Sentul, 51000 Kuala Lumpur 101. Madrasah I’tisamiah, Taman Melati, Gombak, 53100 Kuala Lumpur 102. Madrasah Nuril Iman, Jalan Pelangi 8, Taman Pelangi, Sentul 51100 Kuala Lumpur 103. Surau Al-Falah, Surau Off Jalan 3/23 Danau Kota, 53000 Kuala Lumpur 104. Madrasah Raja’iyyah, Jalan Raja Uda, Kg. Baru, 50300 Kuala Lumpur 105. Surau Tabung Haji, 201, Jalan Tun Razak, 50400 Kuala Lumpur 106. Madrasah Islamiah, Hospital Kuala Lumpur, 50586 Kuala Lumpur 107. Surau Al-Hukama’, Dewan Bahasa Dan Pustaka, Peti Surat 10803, 50962 Kuala Lumpur 108. Madrasah Al-Amaliah, Lot 28, Jalan 15, Kg. Cheras Baru, 56100 Kuala Lumpur 109. Surau Al-Rahman, 41, Aras 3, Pusat Dagangan Dunia Putra (PWTC), Jalan Tun Ismail, 50480 Kuala Lumpur 110. Surau Al-Hidayah, UTC Pudu Sentral, Jalan Pudu, 55100 Kuala Lumpur 111. Surau IPD Dang Wangi, Ibu Pejabat Polis Daerah, Jalan Dang Wangi, 50100 Kuala Lumpur 112. Madrasah Al-Islamiah, No. 30, Jalan Kuari, Bukit A, Kg. Cheras Baru, 56100 Kuala Lumpur Administration of Islamic Law (Federal Territories) 67 113. Surau Institut Jantung Negara (IJN), No. 145, Jalan Tun Razak, 50400 Kuala Lumpur 114. Surau Wakaf Ahmad Dawjee Dadabhoy, Bank Islam Malaysia, Jalan Sultan Ismail, 50250 Kuala Lumpur 115. Surau Al-Insaf, Tingkat 11, Menara Maybank, Bukit Mahkamah, No. 100, Jalan Tun Perak, 50936 Kuala Lumpur 116. Surau Nur Iman, No. 6672, Kuarters JKR, Salak Selatan, Batu 4 ½, Jalan Sungai Besi, 57100 Kuala Lumpur 117. Surau Silaturrahim, 4-0-2, PPR Jalan Lapangan Terbang Lama, 57100 Kuala Lumpur 118. Surau Al-Nur, Tingkat 6, Tower 1, RHB Centre, Jalan Tun Razak, 50450 Kuala Lumpur 119. Surau Khadijah binti Khuwailid, SMK Seri Bintang Utara 3/91, Taman Shamelin Perkasa, 56100 Cheras, Kuala Lumpur 120. Surau Abbas Al-Habshee, Blok A, PPR Laksamana, Jalan Peel, 55100 Kuala Lumpur 121. Surau Al-Sakinah, Tingkat 2, Menara Bumiputra, No. 21, Jalan Melaka, 50100 Kuala Lumpur 122. Madrasah Al-Taufiqiyyah, Jalan Menteri, 55100 Kuala Lumpur 123. Surau Aslahiyyah, Kg. Kenanga, Seksyen 69 Jalan San Peng, 55200 Kuala Lumpur 124. Surau Balai Islam, Jalan Tun Razak, 54100 Kuala Lumpur 125. Surau Bunga Raya, Jalan Malinja Satu, Taman Bunga Raya, Setapak, 53000 Kuala Lumpur 126. Al-Madrasatul Ittifaqiyyah, Jalan Keramat Hujung, Kg. Datuk Keramat, 54000 Kuala Lumpur 127. Surau Darul Huda, Seksyen 10, Wangsa Maju, 53300 Kuala Lumpur 128. Surau Al-Syakirin, Jalan 30/56, Keramat Wangsa, 54200 Kuala Lumpur 68 Laws of Malaysia ACT 505 129. Madrasah Al-Sa’adah, Seksyen 1, Bandar Baru Wangsa Maju, Jalan Genting Kelang, Setapak, 53300 Kuala Lumpur 130. Surau Muhajirin, Blok B-8-16, Perumahan Awam Desa Rejang, Taman Setapak Jaya, 53300 Kuala Lumpur 131. Surau Al-Mukmin, Kompleks Perumahan Desa Pasifik, Jalan Ampang Kiri, 55000 Kuala Lumpur 132. Surau Al-Taqwa, PPR Blok B, Kampung Baru Air Panas, 53300 Kuala Lumpur 133. Surau Al-Nai’m, Jalan 11/27A, Seksyen 5, Wangsa Maju, 53300 Kuala Lumpur 134. Surau Setapak Jaya, Jalan Rejang 4, Taman Setapak Jaya, 53300 Kuala Lumpur 135. Surau Al-Ikhlasiah, No. 91 Blok B Flat Keramat Jaya, Datuk Keramat, 54000 Kuala Lumpur 136. Surau Al-Hidayah, Jalan AU 29/56 Keramat Wangsa, 54200 Kuala Lumpur 137. Al-Madrasatul Faridiyyah, Lot 14077 Jalan 14/26, Taman Sri Rampai, Setapak, 53300 Kuala Lumpur 138. Surau Al-Husna, Blok F, PPR Seri Semarak, Jalan Air Keroh, Setapak, 53200 Kuala Lumpur 139. Surau Muhammad Al-Fatih, Universiti Pertahanan Nasional Malaysia, Kem Sungai Besi, 57000 Kuala Lumpur 140. Surau Ibu Sina, Hospital HUKM, Jalan Yaakob Latif, Bandar Tun Razak, 56000 Kuala Lumpur 141. Madrasah Al-Khairiah, Taman Salak Jaya, 57100 Kuala Lumpur 142. Surau Institut Latihan Perindustrian, Jalan Kuchai Lama, 58200 Kuala Lumpur 143. Madrasah Syukriah, Kg. Pasir Baru Petaling, 58200 Kuala Lumpur 144. Surau Darul Jalil, Apartment Sri Rakyat, Jalan 14/155C Bandar Bukit Jalil, 57000 Kuala Lumpur 145. Madrasah Nahdatul Diniah, Kg. Malaysia Tambahan, Jalan Sungai Besi, 58200 Kuala Lumpur 146. Madrasah Nurul Yaqin, Pusat Serenti Sg. Besi, 57000 Kuala Lumpur Administration of Islamic Law (Federal Territories) 69 147. Surau Al-Syakirin, Kolej Tun Dr Ismail, Bandar Tun Razak, Jalan Yaacob Latif, 56000 Kuala Lumpur 148. Surau Al-Muslihin, Jalan 1/108 C Taman Sg. Besi, Bandar Tun Razak, 56000 Kuala Lumpur 149. Surau Nurul Hidayah, 3016 Jalan 7/116B, Kuchai Enterpreneurs Park, Off Jalan Klang Lama, 58200 Kuala Lumpur 150. Madrasatul Ehsan, Jalan Goh Bon, Taman Tayton View, 56000 Kuala Lumpur 151. Surau Jabal Nur, Sekolah Tunas Bakti, Sg. Besi, 57100 Kuala Lumpur 152. Surau Al-Sabirin, A-06-14 PPR Raya Permai, Jalan Sungai Besi, 57100 Kuala Lumpur 153. Surau Al-Faizin, Majlis Sukan Negara Bukit Jalil, 57000 Kuala Lumpur 154. Surau Al-Ghazali, Maktab Tentera Diraja, Kem Perdana Sungai Besi 57000 Kuala Lumpur 155. Surau Nur Al-Syakirin, PPR Kg. Muhibbah, Jalan Puchong Muhibbah, 58200 Kuala Lumpur 156. Surau Al-Mustaqim, PPR Pinggiran Bukit Jalil, Jalan Bukit Jalil Indah, 57000 Bukit Jalil, Kuala Lumpur 157. Madrasah Mustaqimah, Taman Jaya, Bandar Tun Razak, 56000 Kuala Lumpur 158. Surau Al-Islah, Hospital Rehabilitasi Cheras, Jalan Yaacob Latif, Bandar Tun Razak, 56000 Cheras, Kuala Lumpur 159. Surau Al-Amin, Lot 52936, Jalan Ikhlas 7, Taman Bandaraya Damai, Bandar Tun Razak, 56000 Kuala Lumpur 160. Madrasah Bustanul Ulum, Jalan Sultan Salahuddin, 50480 Kuala Lumpur 161. Surau Al-Raudah, Institut Tadbiran Awam Negara (INTAN), Jalan Bukit Kiara, 50490 Kuala Lumpur 162. Surau ISTAC, 24, Persiaran Tuanku Syed Sirajuddin, Bukit Tunku, 50480 Kuala Lumpur 163. Surau Tenaga Nasional Jalan Bangsar, 59200 Kuala Lumpur 164. Surau Istana Negara, Jalan Istana Negara, 50500 Kuala Lumpur 70 Laws of Malaysia ACT 505 165. Madrasah Nurul Huda, Apartment Hj. Abdullah Hukum, Jalan Bangsar, 59200 Kuala Lumpur 166. Madrasah Ghouthiyyah, Lot 627, Kg. Khatijah Brickfields, Jalan Sultan Abdul Samad, 50470 Kuala Lumpur 167. Surau Al-Barakah, Menara 1, Menara Kembar Bank Rakyat, No. 33, Jalan Travers, 50470 Kuala Lumpur 168. Surau Al-Taqwa, Institut Bahasa Melayu Malaysia, Jalan Pantai Baru, 59200 Kuala Lumpur 169. Surau Menara Telekom, Menara Telekom, Jalan Pantai Baru, 50672 Kuala Lumpur 170. Surau Akademi Pengajian Islam, Universiti Malaya, 50603 Kuala Lumpur 171. Surau Ihsaniah, Blok 4 Kondo Rakyat, Desa Pantai Hillpark, 59200 Kuala Lumpur 172. Surau Ibadurrahman, PPR Kampung Limau, 96-05-17 PPR Kg. Limau, Jalan Pantai Dalam, 59200 Kuala Lumpur 173. Surau Al-Diniah, Hospital Universiti PPUM, 59000 Kuala Lumpur 174. Surau Hartamas, Lot 51012, Jalan Sri Hartamas 4, Sri Hartamas, 50480 Kuala Lumpur 175. Surau Al-Hijrah, C-00-01, Blok C, PPR Pantai Ria, Jalan Pantai Dalam, 59200 Kuala Lumpur 176. Surau Utama Istana Negara, Jalan Tuanku Abdul Halim, Bukit Damansara, 50480 Kuala Lumpur 177. Surau Al-Rahman, Jalan P 16 D, Presint 16, 62250 Putrajaya 178. Surau Alam Shah, Sekolah Alam Shah, Parcel G Presint 1, 62520 Putrajaya 179. Surau Al-Muhajirin, Jalan P9G, Presint 9, 62250 Putrajaya 180. Surau Al-Furqan, Jalan P11 A5/8, Persint 11, 62300 Putrajaya 181. Surau Putra Al-Amin, Kuarters Kediaman Kerajaan, Fasa 4C Presint 8, 62250 Putrajaya 182. Surau Al-Mizan, Fasa 4A Jalan P82, Presint 8, 62000 Putrajaya Administration of Islamic Law (Federal Territories) 71 183. Surau Al-Syakirin , SMK Putrajaya, Presint 14(1), No. 1A Jalan P14, 62300 Putrajaya 184. Surau Al-Najah, Jalan Presint 9A, Presint 9, 62250 Putrajaya 185. Surau Al-Munawwarah, Kuarters Kerajaan, Parcel 5R3, Presint 5, 62200 Putrajaya 186. Surau Al-Muttaqin, No. 1, Jalan P5A Fasa 5R6, Presint 5, 62200 Putrajaya 187. Surau Al-Manar, No.8, Jalan P14 A1/2, Presint 14, 62050 Putrajaya 188. Surau Al-Iman, No. 54, Jalan Presint 9 B1/4, Presint 9, 62250 Putrajaya 189. Surau Al-Rahim, Lot PT10786, Jalan P15H, Presint 15, 62000 Putrajaya 190. Surau Darul Ulum, SMK Agama Putrajaya Lot PT 14189, Jalan P11E, Presint 11, 62350 Putrajaya 191. Surau Istiqamah, Presint 18 R8, Pangsapuri Fasa 18 R8, Jalan P18L, Presint 18, 62100 Putrajaya 192. Surau Al-Istiqlal, Jalan P14h, Apartment Presint 14, Presint 14, 62050 Putrajaya 193. Surau Al-Rayyan, 1A 01 -05 PPAM Larai, Presint 6, 62200 Putrajaya 194. Surau Fathurrahman, PPAM Malinjau, Presint 11, 62300 Putrajaya 195. Surau Amaniah, Ibu Pejabat Polis Daerah, Presint 7, 62250 Putrajaya 196. Surau Pudina, PPAM Pudina, No. 2, Jalan Kasturi, Presint 17, 62150 Putrajaya 197. Surau Baitul Makmur, Kg. Durian Tunjung, Peti Surat 81416, 87000 Labuan 198. Surau Al-Raudah, Kg. Bukit Kuda, 87000 Labuan 199. Surau Khalid Ibnu Al-Walid, Kg. Batu Manikar, 87000 Labuan 200. Surau Al-Munawwarah, Kg. Patau-Patau No.1, 87000 Labuan 201. Surau Darus Salam, PP 0222 Kg. Patau-Patau 2, 87000 Labuan 202. Surau Nur Al-Rahim, Kg. Sungai Buton, 87000 Labuan 72 Laws of Malaysia ACT 505 203. Surau Nurhidayah, Perumahan Kos Rendah Batu Arang, Taman Ranca-Ranca 2, 87000 Labuan 204. Surau Uwais Al-Qarni, Jalan Tanjung Kubong, Kg. Pantai, 87000 Labuan 205. Surau Al-Hikmah, Universiti Malaysia Sabah, Kampus Antarabangsa Labuan, 87000 Labuan 206. Surau Al-‘Irfan Kolej Matrikulasi Labuan, Kementerian Pendidikan Malaysia, Peti Surat 81735, 87000 Labuan 207. Surau Al-Sa’adah, Pangkalan Udara Labuan, 87000 Labuan 208. Surau Ubudiyyah, Perumahan Kakitangan Awam, Bukit Kuda, 87000 Labuan 209. Surau Nurul Islam, Bandar Labuan, Jalan Merdeka, Sun Mart, 87000 Labuan 210. Surau Al-Taqwa Petronas Methanol, 87000 Labuan 211. Surau Al-Rayyan, Perumahan Taman Mutiara, Sungai Bedaun, 87000 Labuan 212. Surau Abu Raihan Al-Biruni, Institut Latihan Perindustrian, Peti Surat 80849, 87000 Labuan 73 Act 505 LIST OF AMENDMENTS Amending law Short title In force from Administration of Islamic Law (Federal Territories) (Amendment) Act 1995 10-11-1995 P.U. (B) 77/2000 Notification of Amendment of the Third Schedule 01-01-1999 P.U. (A) 250/2002 Federal Territory of Putrajaya (Extension and Modification of Administration of Islamic Law (Federal Territories) Act 1993) Order 2002 01-02-2001 Act A1523 Administration of Islamic Law (Federal Territories) (Amendment) Act 2017 01-02-2017 P.U. (B) 93/2022 Notification of Substitution of the Third Schedule 12-02-2022 P.U. (B) 221/2022 Administration of Islamic Law (Federal Territories) 1993 Corrigendum 15-04-2022 Act A1606 Administration of Islamic Law (Federal Territories) (Amendment) (No. 2) Act 2019 21-06-2022 74 Act 505 LIST OF SECTIONS AMENDED Section Amending authority In force from 2 Act A1606 21-06-2022 8A Act A931 10-11-1995 57A Act A1523 01-02-2017 Part V Act A1523 01-02-2017 58 Act A1523 10-11-1995 01-02-2017 59 Act A1606 10-11-1995 21-06-2022 95(b) P.U. (B) 221/2022 15-04-2022 102 Act A931 10-11-1995 Third Schedule P.U. (B) 77/2000 01-01-1999 P.U. (B) 93/2022 12-02-2022