1.

2 Give your opinion relating to the role and function of the religious enforcement officers which
connect to the above offences.

To administer and enforce the law, the task is given to the Enforcement Section and Prosecution
Unit under the states' Religious Department.

In which this religious department is there to enforce the shariah law which is enacted in the
state enactment. State enactments can seek vigorously to enforce Islamic morality amongst
Muslims. For example, failure to perform Friday prayers for male Muslims and failure to fast
during the month of Ramadan are forbidden to Muslims in many States. In areas permitted by
the Ninth Schedule, Islamic civil and criminal laws are applied to all Muslims, and on top of that
provided under the state list Item 1 of List II of the Ninth Schedule permits State legislation to
create and punish offences by persons professing the religion of Islam against the precepts of
that religion. However, the power of the state to enforce Islamic criminal law is limited by the
words “except in regard to matters included in the Federal list” or “dealt with by federal law”. For
example the punishment for the offence under the shariah court cannot go beyond 3 years of
imprisonment, fined not more than RM 5000 and maximum of six strokes of the cane.

However, it should be noted that in enforcing the state enactment regarding islamic law. The
power of that state's religious department is limited to the citizens that profess themselves as a
Muslim.

One example of a state religious department that exists in Malaysia is the Federal Territory
Islamic Religious Department also known as Jabatan Agama Islam Wilayah Persekutuan
(JAWI). JAWI is a religious body that is responsible for administering and enforcing the sharia
law in federal territories. An example of this can be seen on 27 May 2016 Principal senior
assistant director of Jawi's enforcement division, Wan Jaafar Wan Ahmad stated that Jawi will
execute an integrated operation with the police and other relevant agencies to detain Muslims
who consume and smoke in public during Ramadan.

Another example of a state religious department is Terengganu Islamic Religious Affairs

Department (JHEAT). An example of the circumstance of when JHEAT imposed their power can
be seen on 23 August 2019 where 6 Men In Terengganu jailed and fined for going to a waterfall
instead of Friday prayers after being caught by the Terengganu Islamic Religious Affairs
Department.

Even Though, this state's religious department can catch the people for breaking the shariah
offences. It could be said that the punishment could only be given by the shariah court of their
respective state.

Therefore, In our opinion it is the state religious department officer's duty to uphold Maqasid
Shariah for the benefit of the public as whole. Therefore it could be said this department exists
to do amar ma'ruf wal nahi mungkar in which to do things that God commanded and forbade
humans to do things that are prohibited in accordance with the claims of faith and Islam. This
aligned with the surah Ali imran verse 104 “And from among you there must be a party who
invite people to all that is good and enjoin the doing of all that is right and forbid the doing of all
that is wrong.” However the power to uphold the islamic law and islamic morality is limited by the
federal constitution. As stated in the state list Item 1 of List II of the Ninth Schedule permits
State legislation on limited jurisdiction of which this conferred jurisdiction cannot clash with the
federal list and the punishment is only limited to 3 years of imprisonment, fined not more than
RM 5000 and maximum of six strokes of the cane. This means that the implementation of
Islamic law by the state religious department officer is limited to the given jurisdiction such as
catching the person that is eating during fasting in the month of Ramadan and catching the
people that are absent during the Friday prayer, subsequently by going against the federal
constitution religious department officer can be charged under the civil court.

** missing hisbah , explain, hisbah in the modern days