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Ne
LAWS OF SARAWAK
REPRINT
ak
Chapter 41
Sar
aw
2007
Assent
...
Date of
Publication
...
...
...
in Gazette
Sar
aw
ak
Law
Date of
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1
LAWS OF SARAWAK
Chapter 41
Ne
ARRANGEMENT OF SECTIONS
Law
PART I
PRELIMINARY
Section
1.
2.
Interpretation
PART II
ak
4.
5.
The duty of the Majlis for the economic and social development of
Muslims
aw
3.
6.
7.
Power to borrow
8.
9.
Laws to be observed
Sar
10.
11.
12.
Termination of appointments
13.
Revocation of appointments
14.
Temporary appointments
CAP. 41
Section
Powers of the Majlis, etc., not affected by vacancy, etc.
16.
Allowances
15.
Ne
PART III
PRESIDENT, SECRETARY AND PROCEEDINGS
OF THE MAJLIS
Powers and Functions of President on Proceedings
of the Majlis, etc.
Control by President
18.
19.
20.
21.
22.
Law
17.
24.
25.
Summoning of meetings
26.
Minutes
27.
aw
ak
23.
Conduct of proceedings
29.
Quorum
30.
Use of seal
31.
Sar
28.
32.
33.
Secrecy
34.
PART IV
Section
35.
Appointment of Mufti
Lembaga Fatwa
Ne
Mufti
37.
38.
39.
40.
41.
42.
Law
36.
PART V
ak
44.
aw
43.
46.
47.
Sar
45.
48.
49.
50.
CAP. 41
52.
53.
54.
Ne
51.
Section
55.
Law
57.
ak
Lembaga Masjid-Masjid
59.
60.
Establishment of mosques
61.
62.
63.
64.
Exemption of mosque
Sar
aw
58.
PART VII
ZAKAT AND FITRAH
Ne
Section
65.
66.
67.
Objection
PART VIII
Law
69.
70.
FINANCIAL PROVISIONS
Estimates of income and expenditure
72.
Audit
73.
Annual report
74.
Bank accounts
ak
71.
PART X
aw
MISCELLANEOUS PROVISIONS
76.
Appointment of committees
77.
78.
79.
Public servants
80.
81.
82.
Sar
75.
CAP. 41
PART XI
84.
85.
86.
Transfer of property
87.
Existing contract
88.
Transfer of Baitulmal
89.
Prevention of anomalies
Sar
aw
Law
ak
SCHEDULE
Ne
83.
7
LAWS OF SARAWAK
Chapter 41
Ne
[1.8.2002]
Law
PRELIMINARY
Short title and commencement
ak
1.(1)
This Ordinance may be cited as the Majlis Islam
Sarawak Ordinance, 2001.
(2) This Ordinance shall come into force on such date as the
Yang di-Pertua Negeri may, by notification in the *Gazette, appoint.
aw
(3) The Yang di-Pertua Negeri may appoint different dates for
the coming into force of different provisions of this Ordinance.
Interpretation
Sar
2.(1)
requires
CAP. 41
Ne
Law
ak
(c)
any Government, any department of
Government (including the Government of Malaysia and of
any State in Malaysia), any local authority and any Federal
or State statutory body; and
aw
Sar
Ne
Law
ak
aw
Sar
10
CAP. 41
(a)
Ne
Muslim means
Law
ak
(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;
Muslim convert means a person who is newly converted to
the religion of Islam under section 68;
aw
Sar
11
Ne
Law
ak
aw
Sar
12
CAP. 41
Ne
(3) All words and expressions used in this Ordinance and not
defined in this Ordinance but defined in the Interpretation Ordinance,
2005 [Cap. 61] or in any written law for the time being in force shall
have the meanings assigned to them respectively in that Ordinance or
written law to the extent that such meanings do not conflict with
Islamic Law.
PART II
MAJLIS ISLAM SARAWAK
Law
3.(1)
There shall be a body to be known as the Majlis Islam
Sarawak to aid and advise the Yang di-Pertuan Agong in matters
relating to the religion of Islam in the State, except matters on Islamic
Law and laws relating to the administration of justice, and to exercise
such powers and duties as are conferred by this Ordinance.
ak
aw
4.(1)
The Majlis shall be a body corporate having perpetual
succession with a corporate seal, and such corporate seal may from
time to time be broken, changed, altered and made anew as the Majlis
deems fit, and, until a seal is provided under this section, the seal of
the former Majlis may be used as the common seal of the Majlis.
The Majlis may sue and be sued in its corporate name.
Sar
(2)
13
Ne
(3) The Majlis may enter into contracts and may acquire,
purchase, take, hold and enjoy property movable or immovable of
every description and, subject to any or other written law affecting the
property, may convey, assign, surrender and yield up, charge,
mortgage, demise, reassign, transfer or otherwise dispose of, or deal
with, any property vested in the Majlis upon such terms and
conditions as the Majlis deems fit and in accordance with Islamic
Law.
Law
ak
5.(1)
It shall be the duty of the Majlis to promote, stimulate,
facilitate and undertake the economic and social development and the
well-being of the Muslim community in the State consistent with
Islamic Law.
aw
(2) The Majlis shall have power, for the purpose of the discharge
of its duty under subsection (1),
Sar
14
CAP. 41
Ne
Law
ak
aw
6.
Sar
15
such sums as it may require for the purposes of meeting any of its
obligations or discharging any of its functions under this Ordinance.
Ne
Laws to be observed
Law
9. The Majlis shall take notice of and act upon all written laws
in force in the State, the provisions of the Islamic Law and the Malay
customary law of the State.
Further powers and duties
ak
aw
(b)
(c)
Sar
(a)
16
CAP. 41
Law
Termination of appointments
Ne
ak
aw
(iii) any
other
offence
punishable
with
imprisonment (in itself only or in addition to or in lieu of a
fine) for more than two years;
(c)
if he is adjudged a bankrupt;
Sar
Revocation of appointments
13. The Yang di-Pertuan Agong may at any time, on the
recommendation of the Yang di-Pertua Negeri, revoke the
appointment of any member of the Majlis
17
Ne
Law
ak
(a)
aw
(c) the fact that there was any minor irregularity in the
convening of any meeting thereof.
Allowances
Sar
16. The members of the Majlis and the Lembaga, and members
of the committees established under this Ordinance by the Majlis and
the Lembaga respectively may be paid such allowances as the Majlis
may, after consultation with the Minister, determine.
18
CAP. 41
PART III
Ne
Control by President
Law
(2) The President, or any person appointed by the Yang diPertua Negeri under section 14, on the recommendation of the Majlis,
may exercise the powers and functions of the Mufti during the period
in which no Mufti has been appointed under section 35 or during the
period in which the Mufti is for any reason unable to exercise his
powers or functions.
ak
aw
Sar
19
Ne
(2) If the President and the Deputy President are absent from a
meeting, the members present shall elect from among their number a
person to preside as Chairman for that meeting.
Law
ak
aw
Sar
20
CAP. 41
Ne
Law
ak
(3) The Secretary shall attend all meetings of the Majlis and
may participate in its deliberations, but shall not be entitled to vote.
Duties and powers of Secretary
aw
Sar
21
Summoning of meetings
Ne
(2) 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 the purpose for which they desire the
meeting to be summoned.
Law
ak
aw
Sar
(8) A notice sent to a member by E-mail shall be sent to the Email address given by the member in writing to the Secretary and shall
be deemed to have been received by the member if the relevant mail
administrator informs that the mail has been successfully delivered or
if there is no information from the mail administrator that the mail has
not been successfully delivered.
(9) No notice of meeting shall be necessary in the case of a
member who is for the time being outside the State.
22
CAP. 41
Minutes
The Secretary shall keep the minutes of all meetings of
26.(1)
the Majlis.
Ne
Law
ak
aw
Conduct of proceedings
Sar
23
Quorum
Ne
Law
Use of seal
30.(1) The corporate seal of the Majlis as provided under
section 4 (1) shall not be used except in pursuance of a resolution of
the Majlis.
(a)
ak
aw
Sar
24
CAP. 41
Ne
Law
Secrecy
ak
(4) For the purpose of this section, the powers conferred on the
Majlis by sections 37 and 39 shall be deemed to be quasi-judicial
powers.
aw
Sar
25
PART IV
Ne
Law
Mufti
ak
aw
Sar
(2) The members of the Lembaga Fatwa, other than the Mufti,
shall be appointed by the Yang di-Pertua Negeri, on the
recommendation of the Majlis, for such period as may be prescribed.
(3) The Mufti shall be the Chairman of the Lembaga Fatwa
and, in his absence from any meeting, the members present may elect
from among their number, a person to act as Chairman for that
meeting.
(4) The Chairman and three other members of the Lembaga
Fatwa shall be a quorum.
26
CAP. 41
(5) Subject to any other written law, the Lembaga Fatwa shall
have power to regulate its own procedure.
Ne
(a)
Law
aw
ak
Sar
27
Ne
Law
ak
aw
Sar
28
CAP. 41
Ne
(4) In making any fatwa under subsection (2) or (3), the Majlis
may set out in full detail and with any necessary explanation the
provisions and principles which it followed.
Law
ak
(2) After deliberating upon the matter, the Majlis may make a
recommendation to the Yang di-Pertua Negeri for his consent to refer
the proposed fatwa to the Conference of Rulers through the National
Fatwa Committee.
aw
Sar
29
Ne
Law
ak
aw
Sar
30
CAP. 41
PART V
Ne
Law
ak
aw
44. The Lembaga Baitulmal dan Wakaf shall, for and on behalf
of the Majlis, have power
Sar
31
Ne
Law
ak
(2)
aw
Sar
(f)
32
CAP. 41
(g)
Ne
Law
ak
aw
46.
Sar
(b)
Law;
33
Ne
Law
ak
aw
Sar
34
CAP. 41
Ne
(3) For the purpose of the Baitulmal under subsection (2), all
property, other than immovable property, situated in the State shall,
without any conveyance, assignment or transfer whatsoever, and in the
case of immovable property upon registration under the Land Code
[Cap. 81 (1958 Ed.)], vest in the Majlis.
Law
ak
aw
Sar
35
(6)
Ne
Law
aw
ak
and the employer shall make such monthly deduction as if the rate of
contribution which such employee has elected to pay were the rate set
out in the Schedule and the employer shall remit the amount of such
excess deductions to the Baitulmal, in addition to the appropriate
monthly contributions in respect of such employee:
Provided that an employee may at any time cease making such
excess monthly deductions or revoke the election made under
paragraphs (a) and (b) respectively by giving further written notice,
not being less than six months from the date of giving such notice, to
his employer of his desire to do so.
Sar
36
CAP. 41
Ne
Law
ak
aw
Sar
37
Ne
Law
aw
ak
Sar
38
CAP. 41
effect thereof, and it shall act on any opinion so given by the Lembaga
Fatwa.
Ne
(2)
Law
ak
(b) the capital property and assets from wakaf khas and
nazr am; and
(c) the income of capital property and assets from wakaf
khas and nazr am,
aw
but such moneys, or the capital property and assets or the income
thereof, shall be accounted in a separate account respectively of the
Baitulmal.
PART VI
Sar
39
Ne
Law
(4) Upon receipt of the request under subsection (3), the Majlis
shall refer such question to the Lembaga Hal-Ehwal Islam dan Adat
Melayu which shall, on behalf and in the name of the Majlis, give its
opinion thereon in accordance with the opinion of the majority of its
members to the requesting court.
ak
aw
Lembaga Masjid-Masjid
Sar
40
CAP. 41
Ne
Law
ak
aw
(a)
Sar
41
Ne
Law
aw
ak
Sar
42
CAP. 41
(3)
Ne
Law
ak
(4) Any Islamic religious society, body, charitable organization, institution or school or person aggrieved with the Order made
by the Majlis may, within fourteen days of the receipt of the Order,
appeal to the Yang di-Pertua Negeri. Upon considering such appeal,
the Yang di-Pertua Negeri may either affirm, annul, vary or amend the
Order.
aw
Sar
43
Ne
Law
59.(1) The Majlis shall ensure that all mosques in the State
are kept in a proper state of repair and that the compounds thereof are
maintained in a proper state of cleanliness.
ak
(2) 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 Baitulmal.
Establishment of mosques
60.(1)
(b)
(c)
Sar
aw
(a)
44
CAP. 41
Ne
Law
ak
aw
Sar
Exemption of mosque
64. The Majlis may, with the approval of the Yang di-Pertua
Negeri, by notification in the Gazette or otherwise, exempt any
mosque from any of the provisions of this Part.
45
PART VII
Ne
Law
(2) All zakat and fitrah collected in accordance with this Part
shall be paid into the Baitulmal but shall be accounted in a separate
account of the Baitulmal.
Power of Majlis to make rules on zakat and fitrah
ak
aw
Sar
46
CAP. 41
Ne
(2)
that
Law
(a) such person shall have to pay the amount of zakat and
fitrah as demanded from him; or
(b) such person shall pay such lesser amount of zakat and
fitrah as the Majlis shall deem proper; or
ak
(c) such person shall not be liable in any one or more years
to pay zakat or fitrah or both.
(3) The decision of the Majlis on such objection shall be final
and shall not be called in question or reviewed in any court.
aw
PART VIII
Sar
47
(a)
Ne
69. For the purpose of this Part, a person who is not a Muslim
may convert to the religion of Islam if he is of sound mind and
has attained the age of eighteen years; or
Law
ak
FINANCIAL PROVISIONS
Sar
aw
48
CAP. 41
Law
Ne
Audit
72. The annual balance sheet, income and expenditure account
and list of investments shall, prior to the issue thereof, be audited
annually and duly certified by the Auditor-General or an officer
authorized by the Auditor-General. A copy of the auditors certificate
shall be annexed to all copies of the report and accounts as issued.
Annual report
Bank accounts
ak
73. The Majlis shall cause full and true accounts of the
Baitulmal to be kept and shall as soon as possible after the 31st day of
December of every year submit to the Minister a report on the
activities of the Majlis during the preceding year, together with a
balance sheet of the Baitulmal, as at the 31st day of December, an
income and expenditure account for the year and list of the properties
and investments of the Baitulmal showing their costs, if bought, and
estimated values as at the 31st day of December.
aw
Sar
(3) All cheques drawn on any such account of the Majlis shall
be signed by such person as may be authorized by the Majlis in that
behalf.
49
PART X
MISCELLANEOUS PROVISIONS
Ne
Appointment of committees
Law
75. For the purposes of this Ordinance, the Majlis may appoint
such agents, amils and officers as may be necessary for the collection
of contributions, of income from wakaf khas and nazr am and
zakat
and fitrah to be credited into the Baitulmal or credited into a separate
account.
ak
aw
Sar
78. The Public Authorities Protection Act 1948 [Act 198] shall
apply to any action, suit, prosecution or proceedings against the
Majlis, the Secretary, the Lembaga or committee or any member
thereof or the officers and servants of the Majlis or any other persons
authorized in writing by the Majlis in respect of any act, neglect or
default done or committed by any of them in such capacity.
Public servants
79. The members, officers and servants and the Secretary of the
Majlis and members of the Lembaga and committees established by
the Majlis and the Lembaga respectively under this Ordinance shall,
while discharging their duties as such members, officers, servants or
50
CAP. 41
Law
Ne
ak
aw
Sar
51
(e)
Ne
(i)
the administration and registration of mosques
and the method relating thereto;
Law
ak
aw
Sar
52
CAP. 41
Ne
(l)
the return of contributions under Part V or of any part
of such contributions paid in error;
Law
ak
aw
Sar
and
53
PART XI
Ne
Law
Sar
aw
ak
54
CAP. 41
Ne
Law
ak
aw
Sar
55
Transfer of Baitulmal
Ne
88. Subject to this Ordinance, all moneys standing in, and due to
be paid to, the Baitulmal of the former Majlis shall, on the appointed
date, be transferred to the Baitulmal established under section 45.
Prevention of anomalies
Law
89. If any difficulty arises with respect to the foregoing transitional provisions of this Ordinance, the Minister may, by Order,
make such modifications to those provisions as may appear to him
necessary for preventing anomalies:
Sar
aw
ak
Provided that the Minister shall not exercise the powers conferred
by this section after the expiration of two years from the appointed
date.
56
CAP. 41
SCHEDULE
(Sections 48(1) and 50)
(1)
Employees
Amount of Emoluments for
the Month
Ne
(2)
Law
Rate of Contribution
Per Month
Employers
Sar
aw
ak
RM1.00
RM2.00
RM4.00
RM5.00
[List of Amendments]
57
LAWS OF SARAWAK
Chapter 41
LIST OF AMENDMENTS
Amending Law
Short Title
In force from
1.8.2002
1.7.2005
Sar
aw
ak
Law
Ne