The main functions and roles of the Syariah and Harmonisation of Laws Division (the Syariah Division) are to provide legal advice and opinions on matters relating to the implementation, enforcement and drafting of Syariah laws at the Federal level as referred to by the Government and its agencies. Among the issues which are often referred to the Syariah Division are issues on conflict of jurisdiction between civil and Syariah courts, such as change of religion and conversion to Islam by one of the non-muslim spouses and issues relating to the interpretation of the Federal Constitution pertaining to the religion of Islam, gender equality, human rights, enforcement of Syariah laws, implementation of Islamic family laws, development of Syariah judiciary system and Islamic transaction (muamalat), banking and finance.
The Syariah Division also undertakes research on legal provisions of Federal laws to ensure that there is no conflict between the Federal law and the Syariah laws. Should there be any inconsistency between the provisions of the Federal and the Syariah laws, proposals will be made to amend the relevant provisions so as to ensure that the Federal law and the Syariah law can be harmonised. Further, this Division also organises Community Syariah Meetings to discuss any issues which arise from time to time for the purposes of enforcement and drafting of Syariah laws.
Yes. Legal officers supervised by the Syariah Division are officers who are posted to the Islamic Religious Development of Malaysia (JAKIM). Further, Syariah officers supervised by this Division are Assistant State Legal Advisors (Syariah) attached to the State Legal Advisors’ office.
Supervision is carried out specifically by Muamalat and Inspectorate Unit of the Syariah Division. This Unit undertakes the monitoring and supervision of daily reports of legal officers attached to JAKIM and daily reports of Assistant State Legal Advisors (Syariah) attached to the State Legal Advisors’ offices.