The Muslim Lawyers Association of Malaysia has rebutted an assertion by former civil servants group G25, about the constitutionality of the Islamic Development Department (Jakim).

G25 had in a report argued that matters regarding Islam are the sole purview of state legislatures, and the authority of the Conference of Rulers does not include the formation of federal agencies such as Jakim.

The report further stated that as such, the country’s constitution must be first amended to meet the need for such agencies.

Muslim Lawyers Association president Zainul Rijal Abu Bakar (photo), however, said this argument was flawed.

This is as Jakim doesn't have to impede on state powers, as it is not a legal affairs body, and does not have prosecution powers.

"Jakim is just a body whose role is to streamline the practice of Islam between the states. It is up to the states to make their own decisions.

"If there are any (legal) powers, it is granted by the states or the Federal Territories," he said in a statement.

Meanwhile, on the use of public funds to finance Jakim, Zainul said Article 12(2) of the Federal Constitution allows for public funds to be used for Islamic development.

Hence he said Jakim, which is parked under the Prime Minister's Department, serves as the manager for these funds.

He said the funds are used among others to pay salaries for imams and mosque officers, as well as religious teachers in schools.

Zainul said Jakim is not the only federal entity that deals with Islamic matters, citing Tabung Haji as an example, which manages pilgrimages for Malaysians.