Joint Agency
Joint Agency
Perlis State Mufti Department
Department of the Mufti, Perlis State Government is a government body responsible for specifically studying and providing Fatwa opinions to the State Government and the Perlis Islamic Religious Council and Malay Customs on any matters requiring a Fatwa. In addition, the department also provides opinions and advisory services to the public on all matters related to Islamic Law.
History of Establishment
In its early development, the Perlis State Mufti Department was part of the Perlis State Islamic Religious Department (JAIPs), known then as the Fatwa Division. However, in 1996, the Public Service Department (JPA) issued a circular regarding the separation of the Fatwa Division from the State Islamic Religious Departments across Malaysia. Following this directive, the Perlis State Mufti Department was established, led by the Sahibus Samahah Mufti as the Head of the Department.
State of Perlis List of Muftis
| Year | Names of Perlis Muftis |
|---|---|
| 1941-1945 | Sheikh Mahmud bin Hj. Muhd. Saman |
| 1945-1970 | Ustaz Salleh bin Othman |
| 1970-1984 | Sheikh Hj. Abdul Rahman bin Hj. Ismail (Mangku) |
| 1984-2006 | Dato’ Alim Panglima Hj. Mat Jahya bin Hj. Hussin |
| 2006-2008 | Prof. Madya Dato’ Arif Perkasa Dr. Mohd Asri bin Zainul Abidin |
| 2009-2014 | Dr. Juanda bin Jaya |
| 2015-Present | Prof. Dato’ Arif Perkasa Dr. Mohd Asri bin Zainul Abidin |
Position of the Perlis State Mufti Department
When the Council issues a Fatwa based on the opinion of the Shariah Committee, the opinion shall be guided by the Qur’an and the Sunnah of the Prophet Muhammad (PBUH), provided that such guidance serves to clarify public interest. The Council or the Shariah Committee must then submit the Fatwa to His Royal Majesty the Ruler for his decision. In formulating a Fatwa, the Council shall also give due consideration to the Malay customs or Malay customary laws in force in the State of Perlis. Any Fatwa issued by the Council, and any decision given by His Royal Majesty the Ruler, may, if deemed appropriate, be published in the Government Gazette and, subject to written law, shall be binding on all Courts established under the State Law.
Types of Fatwa Practised in the State of Perlis
In the state of Perlis, Fatwas are issued by the Perlis Islamic Religious Council and Malay Customs. The Council may refer any matter relating to a proposed Fatwa to the Shariah Committee, which shall provide its written opinion to the Council. Such opinion must represent the consensus of the Committee members, whether by unanimous agreement or by majority decision.
Principles of Fatwa Formulation
The system or principles governing the formulation of fatwas in Perlis differ slightly from those practised in other Malay States. In Perlis, the Shariah Committee is required to be guided by the Qur’an and the Sunnah of the Prophet Muhammad (PBUH), without being bound to any specific mazhab (school of thought). Legal rulings shall be determined based on the majority opinion.
Functions of the Mufti Department
Islamic Religious Affairs Department
The Perlis Islamic Religious Council and Malay Customs (MAIPs) is a body independent of the Perlis State Government’s authority. It was established in accordance with Section 6(1) of The Laws of the Constitution of Perlis 1948, which states:
“The Head of the Religion of the State shall be the Raja, and the Raja may order that a law be made for the purpose of regulating and establishing a council to be known as the Islamic Religious Council and Malay Customs, to assist and advise His Royal Highness in all matters relating to the religion of the State and Malay customs.”
MAIPs’ authority as a Royal Council assisting His Royal Highness the Raja of Perlis in Islamic affairs is further affirmed under Section 4(1) of the Administration of the Religion of Islam Enactment of Perlis 2006, which states:
“There shall be a body called the ‘Perlis Islamic Religious Council and Malay Customs’ to assist and advise His Royal Highness the Ruling Raja in matters relating to the Religion of Islam and Malay Customs.”
The powers of MAIPs as a policymaking body on Islamic affairs are outlined in Section 6 of the same Enactment, which states:
“The Council shall assist and advise His Royal Highness the Ruling Raja on all matters relating to the Religion of Islam in the state of Perlis, except matters of Islamic law (Hukum Syarak) and the administration of justice. In all such matters, the Council shall be the principal authority in the state of Perlis after His Royal Highness the Ruling Raja, unless otherwise provided in this Enactment.”
The Perlis State Mufti Department and the Perlis Islamic Religious Affairs Department (JAIPs) are two departments that serve as machinery of the State Government and fall under the administration of the Perlis State Secretary. The Perlis State Mufti Department has jurisdiction over matters related to Islamic Law as provided under Section 45 of the Perlis Administration of Islamic Law Enactment 2006, which states:
“The Mufti shall assist and advise His Royal Highness the Ruler with regard to all matters of Islamic Law, and in all such matters shall be the principal authority in the state of Perlis after His Royal Highness the Ruler, except where otherwise provided in this Enactment.”
The Perlis Islamic Religious Affairs Department (JAIPs) was established as a machinery of the Perlis State Government, functioning to assist in implementing the policies set by MAIPs in a more focused and effective manner. In matters pertaining to the Islamic Law, JAIPs is bound to and must implement the fatwas and irsyad (guidance) issued by the Perlis State Mufti Department. Therefore, as a policy implementer, JAIPs consistently carries out the functions determined from time to time by His Royal Highness the Raja of Perlis and MAIPs as the decision-making authorities.
The functions and roles of JAIPs are guided by the Laws of the Constitution of the state of Perlis 1948, the relevant enactments, and the fatwas determined by MAIPs, which is currently led by His Royal Highness the Crown Prince of Perlis. Following the restructuring of MAIPs by the Malaysian Administrative Modernisation and Management Planning Unit (MAMPU), the administration and management of Islamic affairs were placed under the Perlis Islamic Religious Affairs Department since 1988.
JAIPs Divisions
JAIPs consists of eight divisions responsible for managing Islamic affairs in the state of Perlis. These divisions are:
As the most important Islamic religious agency in the state of Perlis, JAIPs continuously plays its role as an agency responsible for strengthening the understanding of the Ahl al-Sunnah wa’l-Jama‘ah methodology, as stipulated in The Laws of the Constitution of Perlis 1948, among all Muslims in Perlis through the activities and programmes organised by JAIPs.
Syariah Judiciary Department
The Syariah Court was originally known as Perlis State Kadi Court and was established in 1304H, corresponding to 1921AD. Its establishment was based on Law No. 15 of 1304H and remained in force until it was replaced by the Perlis Administration of Islamic Law Enactment 1963. At that time, the Kadi Court (Mahkamah Kadi) operated under the administration of the Perlis Islamic Religious Affairs Department (JAIPs). The Perlis State Government later enacted and gazetted the Syariah Court Administration Enactment 1991 on 3 December 1992 to upgrade and replace the existing Kadi Court structure.
On 1 January 1995, the Kadi Court was separated from the Perlis Islamic Religious Affairs Department and established its own administration, headed by the Chief Kadi of Perlis as provided under Section 3 of the Syariah Court Administration Enactment 1991.
Syariah Court Organisational Structure
In 1996, the Syariah Court Administration Enactment 1991 was amended to allow for the restructuring of the court system. The Kadi Court was renamed the Syariah Court. According to the Syariah Court Administration Enactment of Perlis 1991 (Amendment) 1996, which was gazetted on 30 March 2000, the organisational structure of the Perlis Syariah Courts consists of three levels:
New Laws
To further enhance the administration of the Syariah legal system in the state of Perlis, several new laws were approved by the Perlis State Legislative Assembly in 2006, including:
Following the restructuring of the Department, numerous changes were implemented, including an increase in staff and officers from only 7 during the early stages to 44 personnel today. Additionally, new units were systematically established, such as the Management and Administration Unit, Judiciary Unit, Research Unit, Sulh Unit, Information Technology Unit, Records Unit, and the Family Support Division Section.
In terms of infrastructure, a new Syariah Court Complex was constructed with federal funding. The new building has been occupied from 2006 to the present.
The building was officiated on 23 July 2013 by His Royal Highness the Raja of Perlis, Tuanku Syed Sirajuddin Ibni Al-Marhum Tuanku Syed Putra Jamalullail, and was proclaimed as Darul Qada’ Tuanku Syed Sirajuddin.
Perlis State Syarie Prosecution Department
The Perlis State Syarie Prosecution Department (JPSyPs) is a newly established department under the administration of the Perlis State Government, specifically responsible for conducting prosecution proceedings for offences under the Perlis State Syariah enactments.
Establishment History
The Perlis State Syariah Prosecution Department was formerly known as the Prosecution Division, which operated under the administration of the Perlis Islamic Religious Affairs Department (JAIPs). The Prosecution Division was later separated from JAIPs and upgraded into a full-fledged department headed by a Director who also serves as the Chief Syariah Prosecutor (KPS). The Perlis State Syariah Prosecution Department was officially established on 1 January 2024 and commenced operations at Level 4, Block B, Perlis State Government Administrative Complex.
Chronology of Establishment
| Date | Milestone |
|---|---|
| 02/02/2017 | MAIPs Meeting Decision – agreed for the Prosecution Division to become the Syariah Prosecution Department. |
| 02/11/2021 | Perlis State Executive Council Meeting approved the Proposal Paper for the establishment of JPSyPs. |
| 08/12/2022 | Public Service Department (JPA) endorsed the establishment of JPSyPs. |
| 03/03/2023 | Ministry of Finance (MOF) endorsed the letter of approval for the establishment of posts (S.K.P N93 Year 2023). |
| 01/01/2024 | JPSyPs officially commenced operations. |
Legal Position of JPSyPs
The appointment and prosecutorial powers of JPSyPs in the state of Perlis are provided under Section 78 of the Perlis Administration of Islamic Law Enactment 2006, which outlines the appointment of the Chief Syariah Prosecutor and confers discretionary authority to initiate, conduct, or discontinue proceedings for any offence before any Syariah Court, as well as the appointment of Syariah Prosecutors.
JPSyPs Divisions
There are four (4) Divisions in the Perlis State Syariah Prosecution Department (JPSyPs) to strengthen the management and prosecution of Syariah matters, as follows:
As one of the key Islamic agencies in the state of Perlis, JAIPs continues to play its role in strengthening the understanding of the Ahl al-Sunnah wa’l-Jama‘ah methodology, as stipulated in The Laws of the Constitution of Perlis 1948, among all Muslims in the state of Perlis through its planned activities and programmes.
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Organisational Chart
MAIPs is the primary institution managing Islamic affairs and Malay customs in the state of Perlis. Management…
Subsidiaries
MAIPs is the primary institution managing Islamic affairs and Malay customs in the state of Perlis. Management…
Council Members
Learn more about the top leadership and members of MAIPs.
