AKTA PENTADBIRAN UNDANG-UNDANG ISLAM (WILAYAH-WILAYAH PERSEKUTUAN (PINDAAN) 2025

) This Act comes into operation on a date to be appointed by the Yang di-Pertuan Agong by notification in the Gazette and the Yang di-Pertuan Agong may appoint different dates for the coming into operation of different provisions of this Act.

Amendment of section 2

by inserting after the definition of “anak kariah”

the following definition:

‘  “Baitulmal” means the fund established under section 60;’;

LAWS OF MALAYSIA

ADMINISTRATION OF ISLAMIC LAW

(FEDERAL TERRITORIES) (AMENDMENT)

ACT 2025

4

Laws of Malaysia

by substituting for the definition of “Syariah Judge”

or “Judge” the following definition:

‘  “Syariah Judge” or “Judge” means the

Chief Syariah Judge, Judges of the Syariah Appeal Court,

Judges of the Syariah High Court or Judges of the

Syariah Subordinate Courts, as the case may be;’;

by substituting for the definition of “Islamic Law” the following definition:

‘  “Islamic Law” means Islamic Law according to the Mazhab Syafie, or according to one of the

Mazhab Maliki, Hanafi or Hanbali;’;

by deleting the definition of “Islamic Legal Consultative

Committee”;

by inserting after the definition of “wakaf ‘am”

the following definition:

‘  “Wakaf Committee” means Wakaf Committee of the Majlis Agama Islam Wilayah Persekutuan established under subsection 61a(1);’;

by substituting for the definition of “Chief Syariah

Prosecutor” the following definition:

‘  “Chief Syariah Prosecutor” or “Deputy Chief

Syariah Prosecutor” means an officer appointed under subsection 58(1);’;

by deleting the definition of “Fund”;

by substituting for the definition of “Mufti” the following definition:

‘  “Mufti” means the Mufti appointed under section 3

of the Mufti (Federal Territories) Act 202...

[Act ...];’;

Administration of Islamic Law (Federal Territories)

(Amendment)

by inserting after the definition of “Syariah Prosecutor”

the following definition:

‘  “wakaf” means—

to surrender the title of any property from which its benefit or interest may be enjoyed;

to surrender the benefit or interest which may be enjoyed from any property; or

to contribute the expertise and services from which its benefit or interest may be enjoyed, whether as wakaf ‘am or wakaf khas, but does not include a trust as defined under the Trustee Act 1949

[Act 208];’;

by substituting for the definition of “wakaf ‘am”

the following definition:

‘  “wakaf ‘am” means wakaf for the purposes of general welfare in accordance with Islamic Law;’; and

by substituting for the definition of “wakaf khas”

the following definition:

‘  “wakaf khas” means wakaf for the purposes of specific welfare or for specific party in accordance with Islamic Law.”.

Amendment of section 7

in paragraph (d), by deleting the words “[Act 208]”;

6

Laws of Malaysia

by substituting for paragraph (e) the following paragraph:

“(e) to establish any scheme for the granting of loans from the Baitulmal other than zakat money to

Muslim individuals for the purpose of pursuing higher education;”;

in paragraph (f), by deleting the word “and” at the end of the paragraph; and

by inserting after paragraph (f) the following paragraph:

“(fa) to establish, maintain and manage welfare homes, shelters and rehabilitation centre; and”.

Amendment of section 9

by substituting for paragraph (b) the following paragraph:

“(b) the Director General of the Department of

Islamic Development of Malaysia as the

Deputy Chairman;”;

by substituting for paragraph (e) the following paragraph:

“(e) the Chief Police Officer of the Federal Territory of Kuala Lumpur or his representative;”; and

by inserting after paragraph (f) the following paragraph:

“(fa) the Director of the Federal Territory Islamic

Religious Department;”.

Administration of Islamic Law (Federal Territories)

(Amendment)

7

Amendment of section 12

in paragraph (a), by deleting the word “or” at the end of the paragraph;

in paragraph (b), by deleting the word “or” at the end of the paragraph;

by substituting for paragraph (c) the following paragraph:

“(c) if he has been absent from three consecutive meetings of the Majlis without leave of the Chairman or, in the case where the member is the Chairman, without leave of the Minister;”; and

by inserting after paragraph (c) the following paragraphs:

“(d) if he has acted contrary to the policy or interest of the Majlis; or

if he becomes an undischarged bankrupt.”.

Amendment of section 14

at any place other than the Court constituted under section 40; or

through remote communication technology.

)  Subsection (1) applies where the Judge or Registrar is satisfied that—

there is an emergency situation; or

having regard to the circumstances of the case, it is appropriate for the determination under subsection (1) to be made.

Administration of Islamic Law (Federal Territories)

(Amendment)

)  In conducting proceedings pursuant to subsection (1), the Judge or Registrar shall ensure that—

the conduct of the proceedings complies with the law for the time being in force, Islamic Law and any direction made by the appropriate authority;

and

the conduct of the proceedings does not compromise justice, does not amount to abuse of the process of the Court and is not tainted with doubt, fraud and suspicion.

)  The place where the proceedings are conducted pursuant to subsection (1) shall be deemed to be the Court constituted under section 40.

)  For the purposes of this section—

“Registrar” means the Registrar appointed under section 45;

“remote communication technology” means a live video link, a live television link or any other electronic means of communication.”.

Amendment of section 43

by substituting for the shoulder note the following shoulder note:

“Appointment of Chief Syariah Prosecutor, Deputy

Chief Syariah Prosecutors, Syariah Prosecutors and

Religious Enforcement Officers”;

by substituting for subsection (1) the following subsection:

“(1)  The Yang di-Pertuan Agong may, on the advice of the Minister, appoint a Chief Syariah Prosecutor and such numbers of Deputy Syariah Prosecutors from among the officers of the Syariah Officer’s Scheme in the general public service of the Federation.”;

by inserting after subsection (1) the following subsection:

“(1a)  A person is qualified to be appointed under subsection (1) if he—

is a citizen;

is a Muslim; and

Administration of Islamic Law (Federal Territories)

(Amendment)

immediately before his appointment, is holding any office in the Syariah Officer’s

Scheme in the general public service of the Federation for a continuous period of not less than ten years.”;

by substituting for subsection (3) the following subsection:

“(3)  The Chief Syariah Prosecutor may appoint fit and proper persons from among the Syariah Officer’s

Scheme in the general public service of the Federation to be Syariah Prosecutors.”; and

by inserting after subsection (3a) the following subsection:

“(3b)  The Deputy Chief Syariah Prosecutors shall have all powers of a Syariah Prosecutor and shall act as Chief Syariah Prosecutor during the absence or inability of the Chief Syariah Prosecutor.”.

New section 59a

all movable property or immovable property, including intellectual property and all benefits, usufructs or interests, whether equitable or legal, in the movable property or immovable property; and

expertise or services having value in accordance with Islamic Law;

12

Laws of Malaysia

“istibdal” means the replacement of a mawquf with another property or money having the same value as or higher value than the mawquf, by exchanging, purchasing, selling or otherwise deal with the property in any manner in accordance with Islamic Law;

“mawquf” means any property that is surrendered and contributed by any person as a wakaf;

“mawquf ‘alaih” means a person who is entitled to receive any benefit, usufruct or interest from a mawquf;

“mutawalli” or “qayyim” means any person appointed by the Wakaf Committee under paragraphs 61a(3)(b) and (c), respectively.”.

Amendment of section 60

by substituting for subsection (1) the following subsection:

“(1)  A fund to be known as “Baitulmal” is established.”;

by inserting after subsection (1) the following subsection:

“(1a)  The Baitulmal 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 Baitulmal.”; and

in subsection (2)—

by substituting for the word “Fund”

the word “Baitulmal”; and

in the proviso, by inserting after the words

“trust funds” the words “which is in accordance with Islamic Law”.

Administration of Islamic Law (Federal Territories)

(Amendment)

13

New section 61a

)  The Wakaf Committee shall have the following functions:

to accept and register, or reject any property as a mawquf;

to appoint any person as a mutawalli to carry out the following functions:

collecting and receiving any mawquf;

managing, administering and developing any mawquf; and

distributing any benefits of mawquf;

to appoint any person as a qayyim to carry out any one or two of the following functions:

collecting and receiving any mawquf;

managing, administering and developing any mawquf; or

distributing any benefits of mawquf;

to recognize any administrator appointed by the person who surrenders and contributes his property as mawquf (waqif);

14

Laws of Malaysia

to carry out istibdal;

to acquire any property as a mawquf by using money from Baitulmal or other approved sources in accordance with Islamic Law;

to undertake and manage the development of a mawquf and maintain the mawquf;

to approve any wakaf product or scheme;

to carry out any directives, policies or decisions of the Majlis in relation to wakaf;

to collect all proceeds obtained from mawquf; and

to do such other things as it thinks fit to enable it to perform its functions effectively or which are incidental to the performance of its functions.

)  The Majlis may, with the approval of the

Yang di-Pertuan Agong, make rules providing for—

the membership and procedures of the Wakaf

Committee;

the matters relating to registration of wakaf;

the matters relating to the appointment of a mutawalli and qayyim and the recognition of an administrator;

the matters relating to the management, development and implementation of wakaf;

the appointment and responsibilities of the Chief Registrar of Wakaf and Registrar of Wakaf and the Register of Wakaf;

the allowances payable to members of the Wakaf

Committee;

the fee payable in respect of wakaf;

the pillars, conditions and methods of wakaf;

Administration of Islamic Law (Federal Territories)

(Amendment)

the offences relating to wakaf; and

any other matters relating to wakaf.”.

Amendment of section 63

by substituting for the shoulder note the following shoulder note:

“Bank account”;

in subsection (1), by substituting for the word “banker”

the words “licensed Islamic bank under the Islamic

Financial Services Act 2013 [Act 759]”;

in subsection (2), by deleting the words “Payments by the Majlis of amounts exceeding fifty ringgit shall be made by cheque.”; and

by substituting for subsection (3) the following subsection:

“(3)  Procedure for drawing money from any bank account of the Majlis shall be in the manner as determined by the Majlis.”.

Amendment of section 73

in subsection (1), by substituting for the word “Fund”

the word “Baitulmal”; and

in subsection (2), by substituting for the words

“Naqib Masjid or Imam” the words “jawatankuasa kariah”.

Administration of Islamic Law (Federal Territories)

(Amendment)

17

Amendment of section 76

in subsection (3), by substituting for the words

“Religious Administrative service” the words

“Islamic Affairs service”; and

in subsection (4), by deleting the words “, on the advice of the Islamic Legal Consultative Committee,”.

Amendment of section 78

in paragraph (2)(b), by inserting after the word “keep”

the words “and maintain”;

in subsection (3)—

by substituting for the words “Moneys collected”

the words “Moneys and other contributions collected”; and

18

Laws of Malaysia

by substituting for the word “Fund” the word

“Baitulmal”;

in subsection (4), by inserting after the words

“collection of money” the words “or other contributions”;

and

by substituting for subsection (5) the following subsection:

“(5)  Any person who contravenes subsection (4)

commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.”.

Substitution of section 88

)  The Majlis may appoint such number of Registrar of

Muallafs as it deems necessary to assist the Chief Registrar in the performance of its functions and the exercise of its powers under this Act.”.

Amendment of section 89

in the national language text, by substituting for the word “kelulusan” the word “keluasan”;

in paragraph (a), by substituting for the words

“subordinate officers” the words “officers and servants”;

in paragraph (h), by inserting after the word “determination”

the words “, amendment, alteration”;

in paragraph (j), by substituting for the full stop at the end of the paragraph a semicolon; and

by inserting after paragraph (j) the following paragraphs:

“(k) matters in connection with nazr or trusts;

administration, management, control, maintenance and supervision of welfare homes, shelters and rehabilitation centre; and

other matters for the better carrying out of the provisions of this Act.”.

20

Laws of Malaysia

New section 99a

) All persons who are appointed under the principal Act immediately before the commencement of this Act as mutawalli or qayyim shall, on the commencement of this Act, continue to act as such until the end of the term of their agreement.

) The Administration of Islamic Law (Federal Territories)

(Tauliah to Teach the Religion of Islam) Rules 2006

[P.U. (A) 74/2006] made under subsection 96(4) of the principal

Act shall continue in force until amended or revoked.

) All actions and proceedings commenced or pending immediately before the commencement of this Act shall, on the commencement of this Act, be continued or concluded under the principal Act as if the principal Act had not been amended by this Act.