MCCBCHST said Jakim’s “encroachment” into the public sphere may be unconstitutional as it could affect the fundamental rights guaranteed to all Malaysians.

While the group emphasised its support for Article 3(1) of the Federal Constitution, which stipulates that Islam is the religion of the federation, it argued that Jakim’s role in ensuring government policies align with Islamic principles would fall outside the constitutional scope of the term “Islam” as interpreted by the courts.

“Jakim’s involvement in government policy-making may be unconstitutional as in the public sphere, only such Islamic acts as relating to ‘rituals and ceremonies’ are included,” it said in a statement.

MCCBCHST was referring to the Supreme Court judgment in 1988 in the case of Che Omar bin Che Soh v Public Prosecutor.

The interfaith council had also cited three Federal Court decisions as having adopted the interpretation of a limited definition of Islam in the constitution.

The other cases were: Indira Gandhi v Perak Islamic religious council (2018), Iki Putra Bin Mubarak v Selangor state government (2021) and Nik Elin Zurina Binti Nik Abdul Rashid v Kelantan state government (2024).

It said its statement was issued in response to an Aug 13 report in The Daily Express in which Sabah’s Liberal Democratic Party (LDP) vice-president David Ong raised concerns about reports that Jakim officers will be placed in every government department to ensure decisions align with Islamic principles.