Answer for Oral Question PL160

QUESTION

Yang Berhormat Awang Lawi bin Haji Lamat

YANG BERHORMAT AWANG LAWI BIN HAJI LAMAT asked MENTERI HAL EHWAL UGAMA to state the enforcement measures, monitoring mechanisms and legal framework implemented or planned by the Department of Zakat, Waqaf and Baitulmal Affairs (JUZWAB) to improve the level of compliance among Muslims in fulfilling zakat on wealth obligations.

ANSWER

Yang Berhormat Menteri Hal Ehwal Ugama

With regard to zakat on wealth, its legal framework has long been in place as stipulated under the Islamic Religious Council and Kadhi Courts Act, Chapter 77, Section 115. Under Section 236(1) of the Syariah Penal Code, Chapter 275, it is an offence for persons who have been duly assessed as being liable to pay zakat to deliberately fail to pay the zakat.

Under the legal framework, procedures are already in place for listing persons liable to pay zakat fitrah and zakat on wealth in each mukim. Section 115 of the same Act provides for the responsibility of the Islamic Religious Council to prepare an annual assessment list for every mosque mukim in the country, listing the names of individuals liable to pay zakat and fitrah, together with the amounts payable.

The provisions of the same Section also allow the Islamic Religious Council to appoint imams as its representatives to prepare the list for each mosque mukim. It is an offence for individuals whose names have been listed to refuse to pay zakat and fitrah. Such is the position under the existing legal framework of the Islamic Religious Council and Kadhi Courts Act, Chapter 77 (the Majlis Act).

Furthermore, under the Syariah Penal Code (KHJS), which was introduced and enforced more than ten years ago, Section 236 provides that it is an offence for any Muslim who, having been duly assessed as being liable to pay zakat or fitrah, fails to do so. If convicted, the person shall be:

i. liable to a fine not exceeding $8,000/-; ii. sentenced to imprisonment for a term not exceeding 2 years; or iii. subject to both penalties.

Those are the legal provisions concerning zakat on wealth and zakat fitrah within the legal framework requiring their collection. However, according to information from the Religious Enforcement Division (BPU), KHEU, up to 2020, no complaints had been received and no investigations had been conducted concerning the failure to pay zakat fitrah or zakat on wealth under Section 194 of the Majlis Act (which has since been repealed), Section 236 of the KHJS, or other offences relating to zakat under the KHJS.

In conclusion, we already have the legal framework in place. What remains is its enforcement and forward planning to ensure that Muslims comply with the payment of zakat on wealth. For the time being, we are content with the efforts being undertaken. This does not mean that we are neglecting the need to collect and gather zakat, whether zakat fitrah or zakat on wealth, and subsequently distribute it. For now, this is the current practice, while continuing to consider more structured and systematic approaches. Kaola is confident that the Islamic Religious Council is ready to move in that direction, in syaa Allah.