State Islamic Religious Councils in Malaysia

Ask who manages zakat, waqf and mosques in your state, and the answer is not a ministry in Putrajaya — but a state statutory body answerable to the Ruler of that state himself. That body is the State Islamic Religious Council (MAIN), and its existence in every state stems from a single constitutional principle: Islamic religious affairs are a state matter, not a federal one.

Why is Islam a state matter?

The Federal Constitution divides law-making power between the Federation and the states through the Ninth Schedule. Islamic law and the administration of Islamic religious affairs are placed in the State List (List II), which means only the State Legislative Assembly has the power to enact such laws for Muslims in its respective state.

The direct effect of this arrangement: each state has its own Islamic religious administration enactment, and provisions may differ from one state to another. There is no single, uniform federal Islamic law applied nationwide; instead there are 14 parallel but distinct state frameworks.

Article 3(1) of the Constitution states that “Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation.” Article 11 further guarantees the right of every person to profess and practise his religion. At the same time, Article 11(4) provides that state law (and federal law for the Federal Territories) may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam — a provision directly connected to state jurisdiction over Islamic affairs. These provisions form the constitutional backdrop that governs the work of MAIN.

Who is the Head of the Islamic Religion in each state?

The Constitution retains the Malay Ruler as Head of the Islamic Religion in their respective state. For states without a Ruler, that position is held by the Yang di-Pertuan Agong.

Position	State / territory
State Ruler (Sultan / Raja / Yang di-Pertuan Besar) as Head of the Islamic Religion	Nine states with Rulers: Johor, Kedah, Kelantan, Pahang, Perak, Perlis, Selangor, Terengganu, Negeri Sembilan
Yang di-Pertuan Agong as Head of the Islamic Religion	Melaka, Penang, Sabah, Sarawak (Article 3(3)) and the Federal Territories (Article 3(5))

Article 3(2) also provides that for any act or ceremony agreed by the Conference of Rulers to be extended throughout the Federation, each other Ruler shall authorise the Yang di-Pertuan Agong to represent him as Head of the Islamic Religion. MAIN acts as the body that assists and advises this Head of the Islamic Religion in carrying out the administrative responsibilities.

What does the State Islamic Religious Council administer?

MAIN is a statutory body established under the state’s Islamic religious administration enactment. In general, the scope of its work covers:

• Zakat and fitrah — MAIN is empowered to collect and manage the collection of zakat and fitrah in its state under the Islamic religious administration enactment.
• Waqf — MAIN is the sole trustee of all waqf property. As sole trustee, MAIN may appoint others to manage the mawquf on its behalf, recognise existing appointments, or terminate appointments.
• Mosques and suraus — the management of houses of worship and parish (kariah) affairs under state jurisdiction.
• Fatwa — each state has a fatwa committee and a Mufti who act as the principal advisers to the Ruler on religious matters. Under the state Islamic religious administration framework, a fatwa decided by the state fatwa committee generally acquires legal effect in that state once gazetted; the precise position depends on each state’s enactment and should be checked against official sources.
• Islamic trust and estate property — MAIN may act as executor or administrator of certain trust property in accordance with the state enactment.

Yayasan Waqaf Malaysia affirms this position clearly: “State Islamic Religious Councils (MAIN) are the sole trustees of all waqf property” as stated through the acts or Islamic legislative enactments in the states.

How many Islamic Religious Councils are there?

The Department of Awqaf, Zakat and Hajj (JAWHAR) lists 14 Islamic Religious Councils covering the 13 states and the Federal Territories. Among them are the Federal Territories Islamic Religious Council (MAIWP), the Selangor Islamic Religious Council (MAIS), the Negeri Sembilan Islamic Religious Council (MAINS), the Melaka Islamic Religious Council (MAIM), the Johor Islamic Religious Council (MAIJ), the Pahang Islamic Religious Council (MUIP), the Terengganu Islamic Religious and Malay Custom Council (MAIDAM), as well as the councils in Kelantan, Perlis, Kedah, Perak, Penang, Sabah and Sarawak.

Each council operates separately under its state enactment, with its own name, structure and abbreviation. That is why, for example, waqf in Selangor is administered by MAIS under the Selangor enactment, while in Johor it is administered by MAIJ under the Johor enactment.

What about coordination between states?

Because each state has its own authority, coordination mechanisms exist at the national level without overriding state jurisdiction. The National Council for Islamic Religious Affairs Malaysia (MKI) serves to coordinate Islamic administration between states, and the National Fatwa Committee Muzakarah brings together representatives of the state fatwa committees to discuss common issues.

However, decisions at the national level are coordinating and advisory in nature. A fatwa is only legally binding when it is adopted by a state and gazetted under that state’s enactment. In other words, national coordination does not remove the state’s position as the ultimate authority over its own Islamic affairs.

What’s next

Malaysia’s Islamic administration framework is layered: constitutional principles at the Federal level, legislative power in the State Legislative Assemblies, and implementation by MAIN, the Mufti and the Syariah Courts in each state. To understand a specific rule — the rate of zakat, a waqf procedure, or a particular fatwa — the precise reference is the relevant state enactment and council, not a single federal source.

This draft was prepared with AI assistance and awaits human review. It is general information only, not legal or religious advice. For the official position, please refer to the relevant state enactment and State Islamic Religious Council.