Administration of Islamic Law (Federal Territories) Act 1993 (Act 505)

Administration of Islamic Law (Federal Territories) Act 1993 · Act 505
Akta Pentadbiran Undang-Undang Islam (Wilayah-Wilayah Persekutuan) 1993
Applies to: Federal Territories of Kuala Lumpur, Labuan and Putrajaya (Muslims); each state has its own enactment · Official text ↗

Key points

MAIWP (the Federal Territories Islamic Religious Council) advises the Yang di-Pertuan Agong on Islam and is the sole trustee of wakaf and nazr 'am (ss 4, 61).
A Mufti's statement is a fatwa only once published in the Gazette; a gazetted fatwa binds Muslims in the Federal Territories and is recognised by the courts (s 34).
Fatwas ordinarily follow the Shafi'i school, with the other three Sunni schools available where public interest requires (s 39).
Three Syariah courts: Subordinate, High and Appeal (s 40), with the High Court hearing family, inheritance, wakaf and other listed civil matters between Muslims (s 46).
Conversion to Islam: uttering the two clauses of the shahadah, understanding them, of one's own free will (s 85); under-18s need parental or guardian consent (s 95).
Each state has its own Administration of Islamic Religion Enactment with a similar structure but different section numbers.

What this law covers

Act 505 is the framework law (undang-undang pentadbiran) for Islamic affairs in the Federal Territories. It applies to Kuala Lumpur and Labuan (s 1) and was extended to Putrajaya by order in 2002. It sets up the institutions that make and apply Islamic law: the Majlis Agama Islam Wilayah Persekutuan (MAIWP), the Mufti, the Syariah courts, the Syariah prosecutors and religious enforcement officers, and the religious funds. It does not itself list family-law rules or offences. Those are in Act 303 and Act 559.

Under the Constitution, Islamic law is a state matter except in the Federal Territories (see Sharia in the Constitution). So every state has its own Administration of Islamic Religion Enactment (Enakmen Pentadbiran Agama Islam) or, in Sarawak and Sabah, an Ordinance or Enactment with a similar role. The structure is usually close to Act 505, but section numbers, the names of bodies and some powers differ. See State Islamic enactments. This page uses Act 505 as the reference text; the version checked is the online reprint as at 1 January 2013.

This page was re-checked against the official text of the Administration of Islamic Law (Federal Territories) Act 1993 incorporating amendments up to 21 June 2022 (latest amendment Act A1606), including its list of amended sections.

MAIWP, the Mufti and fatwas

MAIWP advises the Yang di-Pertuan Agong, as Head of Islam in the Federal Territories, on matters of Islam (s 4). It is a body corporate that can sue, be sued, own property and act as executor, administrator or trustee (s 5). It also has a duty to promote the economic and social development of Muslims, including through companies and corporations (ss 7–8A).

The Mufti is appointed by the Yang di-Pertuan Agong after consulting MAIWP (s 32). The Mufti is the chief authority on Islamic law after the Yang di-Pertuan Agong (s 33).

How a fatwa becomes law

The Mufti may make a fatwa on any unsettled or controversial question of Islamic law. He must do so if the Yang di-Pertuan Agong directs, and may do so on his own initiative or on a written request from anyone (s 34(1)).
Before a fatwa is made, the Islamic Legal Consultative Committee (Jawatankuasa Perundingan Hukum Syarak), chaired by the Mufti, meets to discuss it (s 37).
Only a fatwa published in the Gazette is a fatwa (s 34(2)). Once gazetted, it binds every Muslim resident in the Federal Territories as a religious duty, except where Islamic law allows personal departure in matters of personal observance, belief or opinion (s 34(3)). All courts in the Federal Territories must recognise it as authoritative (s 34(4)).
Fatwas are published in Malay in Rumi script, with an optional Jawi text (s 35), and may be amended or revoked the same way (s 36).
The Mufti ordinarily follows the qaul muktamad of the Shafi'i school. If that would be against the public interest, he may follow the Hanafi, Maliki or Hanbali school, and failing that, his own reasoning (s 39).

Acting against a gazetted fatwa can be an offence under Act 559 (ss 9 and 12). A civil court that needs a ruling on Islamic law may ask the Mufti for his certified opinion (s 38).

The Syariah courts and their jurisdiction (ss 40–57)

Section 40 provides for a Syariah Subordinate Court, a Syariah High Court and a Syariah Appeal Court, led by a Chief Syariah Judge (s 41). In general terms:

Court	Criminal	Civil
Syariah High Court (s 46)	Any offence by a Muslim under Act 303, Act 559 or other written law on offences against Islam, with any punishment provided	All actions where all parties are Muslims about: betrothal, marriage, ruju', divorce, fasakh, nusyuz, faraq; property claims arising from them; maintenance, legitimacy, guardianship, hadhanah; harta sepencarian; wills and death-bed gifts; gifts (hibah) and settlements without adequate consideration; wakaf and nazr; division of estates; who the heirs are and their shares
Syariah Subordinate Court (s 47)	Offences whose maximum is not more than RM2,000 or one year's jail, or both	The same matters where the value is not more than RM50,000 or cannot be valued in money (the limit can be raised by Gazette notification)
Syariah Appeal Court (s 52)	Appeals from the High Court in its original jurisdiction	Appeals from the High Court in its original jurisdiction; with leave, questions of law of public interest arising in appeals that started in the Subordinate Court

Appeals from the Subordinate Court to the High Court lie in criminal cases (by the prosecution or the convicted person), in civil cases where the claim is at least RM1,000, in all personal-status cases, and in maintenance cases except consent orders (s 48). Otherwise leave is needed, applied for within 14 days (s 49). The High Court also supervises the Subordinate Courts (s 51).

Under s 50, when a civil court or other authority must decide who inherits from a Muslim, the Syariah court may certify the heirs and their shares. This is the basis of the faraid certificate (sijil faraid) used in estate distribution (see Small Estates (Distribution) Act 1955).

The Chief Syariah Prosecutor decides whether to bring, continue or drop prosecutions. MAIWP appoints religious enforcement officers (pegawai penguat kuasa agama) to investigate offences (s 58). Section 59, which used to regulate Peguam Syarie, was deleted by Act A1606 with effect from 21 June 2022. Their admission and right of audience are now governed by the Syarie Legal Profession (Federal Territories) Act 2019 [Act 814]: a Peguam Syarie has the exclusive right to appear and plead for clients in the Federal Territories Syariah courts, without affecting syariah officers, Syariah Prosecutors or legal aid officers acting for the Government (s 33), and an unauthorised person who acts as one commits an offence (s 35).

Baitulmal, zakat, wakaf and nazr

Baitulmal (s 60): a fund vested in MAIWP holding all money and property that accrues to it under Islamic law or this Act, or is donated to it. Under Islamic law this can include estates or shares of estates with no heirs. MAIWP administers it under rules made with the Yang di-Pertuan Agong's approval.
Zakat and fitrah: collection and distribution are under MAIWP's rules. Collecting zakat without MAIWP's authority, paying it to an unauthorised collector, and wilfully refusing to pay are offences under Act 559 (ss 16, 33, 34).
Wakaf and nazr (ss 61–68): MAIWP is the sole trustee of all wakaf (general and specific), all nazr 'am and all Muslim charitable trusts for property in the Federal Territories, whatever the founding document says (s 61). Such property vests in MAIWP (s 62). A wakaf or nazr is invalid as to any part above one-third of the maker's property, and a new wakaf khas or nazr needs the sanction of the Yang di-Pertuan Agong on MAIWP's advice, or must meet the death-bed formalities in s 63(2) (s 63).

Parts VII–X deal with mosques (MAIWP is trustee of mosques and their land; no new mosque without its permission), charitable collections (s 84), and religious teaching: teaching Islam needs a tauliah (teaching credential) from the Religious Teaching Supervisory Committee (s 96), and teaching without one is an offence under Act 559 s 11.

Conversion to Islam (Part IX)

Requirements (s 85): the person must utter the two clauses of the Affirmation of Faith (shahadah) in reasonably intelligible Arabic, know what they mean, and do so of his own free will. A person who cannot speak may use signs.
Moment of conversion (s 86): on finishing the shahadah, the person becomes a Muslim (muallaf) and from then on has the same duties as any other Muslim (s 87).
Registration (ss 88–90): a Registrar of Muallafs keeps a register. A registered convert receives a Certificate of Conversion, which is conclusive proof of the facts stated in it.
Effect (s 91): a registered convert is treated as a Muslim for all federal and state laws, "for all time". Conversions registered in a state are recognised in the Federal Territories.
Age (s 95): a person of sound mind may convert at 18 or above; below 18, only with the consent of the "parent or guardian". In Indira Gandhi (2018) the Federal Court read the equivalent words in Art 12(4) of the Constitution as requiring both parents' consent; see Sharia in the Constitution.
Giving false information to the Registrar is an offence: up to RM1,000 fine, 6 months' jail, or both (s 93).

Recent amendments and pending changes

On 5 December 2024 the Dewan Rakyat passed the Administration of Islamic Law (Federal Territories) (Amendment) Bill 2024. It was reported as moving the Mufti and fatwa provisions (Part III) into a separate Mufti (Federal Territories) Bill 2024. The Mufti Bill's second reading was postponed several times; in November 2025 it was postponed for the fifth time, and it was listed again for the Dewan Rakyat's second meeting in 2026. Until any change is in force, Part III of Act 505 as described above is the law. Check the latest position with MAIWP or the Federal Territories Mufti's office before relying on these provisions.

Sharia basis (for information)

Fatwa: Qur'an 16:43, "ask the people of knowledge if you do not know", is the classical basis for consulting qualified scholars. Act 505 adds a legal requirement: only a gazetted fatwa binds.
Zakat: Qur'an 9:60 names the eight categories of recipients (asnaf) that state zakat bodies distribute to.
Wakaf: when 'Umar ibn al-Khattab asked about his land at Khaybar, the Prophet (peace be upon him) advised him to keep the land itself as an endowment and give its produce in charity (Sahih al-Bukhari 2737, Book of Conditions; Sahih Muslim, Book of Wills). This is the classical model of wakaf.

This is general information, not a fatwa. Rulings on particular cases come from the Mufti's office.

Laws cited on this page

Act 98	Small Estates (Distribution) Act 1955 Akta Harta Pesaka Kecil (Pembahagian) 1955 Our guide →	PDF · Official ↗
Act 303	Islamic Family Law (Federal Territory) Act 1984 Akta Undang-Undang Keluarga Islam (Wilayah-Wilayah Persekutuan) 1984 Our guide →	PDF · PDF (BM) · Official ↗
Act 505	Administration of Islamic Law (Federal Territories) Act 1993 Akta Pentadbiran Undang-Undang Islam (Wilayah-Wilayah Persekutuan) 1993	PDF · PDF (BM) · Official ↗
Act 559	Syariah Criminal Offences (Federal Territories) Act 1997 Akta Kesalahan Jenayah Syariah (Wilayah-Wilayah Persekutuan) 1997 Our guide →	PDF · PDF (BM) · Official ↗
Act 814	Syarie Legal Profession (Federal Territories) Act 2019 Akta Profesion Guaman Syarie (Wilayah-Wilayah Persekutuan) 2019	PDF · PDF (BM) · Official ↗

Each law links to our mirror page: a copy of the official text captured on a known date, its version history, and the official source. Law library →

Key sections

Provision	What it says, in plain words
s 2	Defines "Muslim" broadly (professes Islam, Muslim parent at birth, Muslim upbringing, convert, reputation, legal declaration).
s 4–7	MAIWP: advises the Yang di-Pertuan Agong, body corporate, can be executor or trustee, duty to develop the Muslim community.
s 32–33	Appointment and authority of the Mufti.
s 34	Fatwa: binding only once gazetted; binds Muslims in the Federal Territories; recognised by all courts.
s 37	Islamic Legal Consultative Committee discusses proposed fatwas.
s 39	Follow the Shafi'i qaul muktamad; other schools if public interest requires.
s 40–45	Syariah Subordinate, High and Appeal Courts; Chief Syariah Judge; judges and registrars.
s 46	Syariah High Court criminal and civil jurisdiction (family, hibah, wills, wakaf, faraid).
s 47	Syariah Subordinate Court: offences up to RM2,000/1 year; civil claims up to RM50,000.
s 48–49	Appeals from the Subordinate to the High Court; 14 days for leave.
s 50	Syariah court may certify heirs and their shares (faraid certificate).
s 58–59	Chief Syariah Prosecutor, religious enforcement officers, Peguam Syarie.
s 60–63	Baitulmal; MAIWP as sole trustee of wakaf and nazr; one-third limit.
s 85–91	Conversion to Islam: requirements, registration, certificate, effect.
s 95	Under 18 may convert only with parent's or guardian's consent.

Worked examples

Example 1: A fatwa seen on social media

Facts. Farid reads online that 'the Mufti has ruled' a certain investment scheme is haram, and is told he can be prosecuted if he joins it.

The law. Under s 34(2) a statement by the Mufti is a fatwa only once it is published in the Gazette. Only a gazetted fatwa binds Muslims in the Federal Territories (s 34(3)), and only acting contrary to one can lead to an offence under Act 559 ss 9 or 12.

Outcome. Farid should check whether the ruling was gazetted (the Federal Territories Mufti's office publishes its fatwas). An ungazetted view (irsyad) is guidance, not law, though he may still follow it as religious advice.

Example 2: Donating a shophouse as wakaf

Facts. Haji Rahman, who lives in Kuala Lumpur, wants to make his shophouse in Cheras a wakaf for a tahfiz school.

The law. MAIWP is the sole trustee of all wakaf in the Federal Territories (s 61) and the property vests in it on registration (s 62). A specific wakaf (wakaf khas) needs sanction under s 63(2), and no more than one-third of his property may be endowed (s 63(1)).

Outcome. He should approach MAIWP's wakaf unit before signing anything, check the one-third limit against his total assets, and get the sanction in writing.

Example 3: Faraid certificate for a land office

Facts. After Encik Zul's death in Labuan, his widow is told by the estate distribution officer to produce a faraid certificate.

The law. Under s 50 the Syariah court may certify who is entitled to share in a deceased Muslim's estate and their shares, at the request of the authority or of a beneficiary on payment of the fee.

Outcome. She applies to the Syariah court (Subordinate or High, depending on the case) with the death certificate and the heirs' documents, then gives the certificate to the estate distribution officer.

Example 4: Converting at 17

Facts. Jason, 17, attends classes at a mosque in Kuala Lumpur and wants to embrace Islam. His parents are not Muslims.

The law. Under s 95 a person under 18 may convert only with the consent of the parent or guardian. Following Indira Gandhi (2018), the safer reading is that both parents should consent. The conversion steps are in s 85 and registration in s 89.

Outcome. He can learn about Islam now, but formal registration before 18 needs his parents' consent. At 18 he can convert and register on his own.

Examples are simplified illustrations with invented names; real cases turn on their own facts.

Questions & answers

Is every mufti statement legally binding?

No. Under s 34(2) only a fatwa published in the Gazette is a fatwa. Once gazetted, it binds Muslims resident in the Federal Territories and is recognised by the courts (s 34(3)–(4)). Other statements, such as advice columns or press statements, are guidance only. States have similar rules in their own enactments.

Which Syariah court do I file in?

For Federal Territories residents, claims about family, inheritance, hibah or wakaf between Muslims go to the Syariah High Court (s 46). If the value is RM50,000 or less, or cannot be valued in money, the Subordinate Court can hear it (s 47, as in the 2013 reprint). Registry staff at the Mahkamah Syariah Wilayah Persekutuan will help you pick the right court and case code.

Can a non-lawyer represent me in the Syariah court?

Generally no. Only a Peguam Syarie admitted by MAIWP, or an exempted government legal officer such as a Legal Aid Department officer, may appear for a party (s 59(4)). You may also act for yourself.

Who looks after wakaf land?

In the Federal Territories, MAIWP is the sole trustee of every wakaf and nazr 'am, whatever the original deed says (s 61), and the property vests in MAIWP (s 62). In each state, the state Islamic religious council plays the same role under its own enactment.

What makes a conversion to Islam legally valid in the Federal Territories?

Under s 85 the person must utter the shahadah in reasonably intelligible Arabic, understand its meaning, and do so of his own free will. He becomes a Muslim on completing it (s 86). Registration (s 89) gives a Certificate of Conversion, which is conclusive proof of the facts in it (s 90).

Why does this Act not apply in my state?

Islamic law is a state matter under the Constitution. Act 505 covers only the Federal Territories; your state has its own administration enactment with the same kinds of rules. See the State Islamic enactments page.

All questions & answers → · Ask your own →

This page explains the general position in Malaysia (last reviewed October 2026). It is not legal advice — check the current law and get advice on your own facts.

Sources

Sharia in the Federal Constitution Syariah courts Islamic Family Law (Federal Territories) Act 1984 (Act 303)Syariah Criminal Offences (Federal Territories) Act 1997 (Act 559)State Islamic laws: a guide to the 13 states and the Federal Territories Small Estates (Distribution) Act 1955 (Act 98)Wills and estates