Placing Jakim officers in govt departments to ensure national policies are ‘Islamic’ clashes with Constitution, interfaith umbrella group says

KUALA LUMPUR, Sept 2 — The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) has today raised concerns over plans to place officers from the Department of Islamic Development Malaysia (Jakim) in every government departments.

The group said that placing Jakim officers to ensure that government policies are in line with Islamic principles may contravene the Federal Constitution as the country’ supreme law.

“This move has the potential to affect the constitutional safeguards provided in the Constitution including the Fundamental rights guaranteed by Articles 5 to 13, which also form the basic structure of the Constitution,” it said in a statement here.

“Further, Article 4(1) provides for the ‘Constitution to be the supreme law of the Federation....’ This means any laws promulgated or policies decided must be in line and intra vires of the Constitution.”

Articles 5 to 13 are on fundamental liberties such as equality, freedom of speech and assembly, and freedom of religion.

According to a report in the Daily Express dated August 13, 2024, Liberal Democratic Party (LDP) Vice-President David Ong also expressed concerns regarding this matter.

Prime Minister Datuk Seri Anwar Ibrahim had in June urged for Jakim's role to be expanded, and for it to be included in policymaking. However, the issue of placing Jakim officers in government departments have not been reported in the past.

Malay Mail is seeking for more information from the Prime Minister's Department.

The council today referred to the Supreme Court decision in the case of Che Omar bin Che Soh v. Public Prosecutor, which defined Islam under Article 3 as relating only to “rituals and ceremonies”.

It noted that involving Jakim in government policy-making may be unconstitutional, as the public sphere only includes Islamic acts related to rituals and ceremonies.

The MCCBCHST wrote that the Supreme Court decision in Che Omar Bin Che Soh V. Public Prosecutor has been upheld in three Federal Court decisions: Indira Gandhi A/P Mutho v. Pengarah Jabatan Agama Islam Perak & 2 others, Iki Putra Bin Mubarak v. Kerajaan Negeri Selangor & Anor (2021), and Nik Elin Zurina Binti Nik Abdul Rashid Anor v. Kerajaan Negeri Kelantan (2024).

Despite that, the group emphasised its support for Article 3(1) of the Constitution which stipulates Islam as the religion of the federation.

However, it argued that Jakim’s role in ensuring government policies align with Islamic principles would fall outside the constitutional scope of the term “Islam” as interpreted by the courts.

The interfaith group today called on the government and MPs to adhere to their oath to “preserve, protect and defend the Constitution” and respect the Rukun Negara, which supports cultural diversity in Malaysia.

The council believes that such adherence will ensure unity among all races in Malaysia and contribute to the country’s progress.