PART VI - ESTABLISHMENT OF LEMBAGA HAL-EHWAL ISLAM DAN ADAT MELAYU, LEMBAGA MASJID-MASJID, ETC. General
Section 58. Trusteeship of mosques, land, etc.
(1) Without prejudice to any written law for the time being in force in the State relating to companies, co-operative societies or societies-
(a) the Majlis shall-
(i) be the sole trustee of all mosques, Islamic religious institutions and schools and Muslim burial grounds in the State, and every mosque, Islamic religious institution and school and Muslim burial ground, together with any property belonging or appertaining thereto, other than land reserved for a public purpose or acquired in the name of the Board of Trustees constituted under the Charitable Trusts Ordinance [Cap. 7], shall, without any conveyance, assignment or transfer whatsoever, vest in the Majlis for the purpose of this Ordinance, and where it affects alienated land, subject to subsection (6), the Register kept under the Land Code [Cap. 81 (1972Reprint)]in which the title to such land is registered, shall be rectified accordingly;
(ii) be responsible for the proper control and supervision of the affairs and activities of all Islamic religious societies, bodies and charitable organizations in the State;
(iii) be responsible for issuing directions to all Islamic religious teachers and bodies in matters relating to the authorities to be followed in teaching or propagating the religion of Islam; and
(iv) be responsible for all the arrangements which are required to be made in the State regarding the pilgrimage to Mecca of Muslims in the State;
(b) the Majlis may direct any Islamic religious societies, bodies or charitable organizations to produce full accounts of all sums collected and of the disposal thereof with all receipts and other documents for inspection and audit by the Majlis;
(c) no person shall collect money or other contributions for any charitable purpose, or for the support and promotion of the religion of Islam, or for the benefit of Muslims or any mosques and Islamic religious institutions or schools, or for the maintenance of Muslim burial grounds, without the approval in writing of the Majlis;
(d) no person shall teach or propagate or publicly expound any doctrine of the religion of Islam in the State without the approval in writing of the Majlis; and
(e) no person shall use any building or place as or for the purpose of an Islamic religious institution or school to teach or propagate Islam or in which Arabic is the main medium of instruction, without the approval in writing of the Majlis.
(2) Where the Majlis is satisfied, after such enquiry as it may deem necessary, that any such Islamic religious society, body, chantable organization, institution or school or any person has failed to comply with any direction issued under subsection (1), the Majlis may, by Order published in the Gazette, declare that the activities of such Islamic religious society, body, charitable organization, institution or school or person are prejudicial and opposed to the interest of the Muslim community.
(3) Upon such declaration-
(a) no person shall undertake, organize or be involved in any manner, in the activities or the collection of money or contributions for or in support of the aforementioned Islamic religious society, body, charitable organization, institution or school or person; and
(b) the funds of such Islamic religious society, body, charitable organization, institution or school or person shall be deemed to be vested in, and be delivered to, the Majlis within fourteen days from the date of the Order, to be dealt with in such manner as the Majlis deems fit.
(4) Any Islamic religious society, body, charitable organization, institution or school or person aggrieved with the Order made by the Majlis may, within fourteen days of the receipt or he Order, appeal to the Yang di-Pertua Negeri. Upon considering such appeal, the Yang di-Pertua Negeri may either affirm, annul, vary or amend the Order.
(5) Until and unless annulled, varied or amended by the Yang di-Pertua Negeri, the Order shall remain in full force and effect and shall be obeyed failing which such Islamic religious society, body, charitable organization, institution or school or person affected thereby shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit and imprisonment not exceeding two years.
(6) (a) Notwithstanding any written law or the terms of any lease, in any case where any alienated land has been vested in the Majlis for the purpose of this Ordinance pursuant to subsection (1) (a) (i), the Majlis shall, with the approval of the Yang di-Pertua Negeri, acquire such land by compulsory acquisition in accordance with Part IV of the Land Code.
(b) The purpose for which any land is acquired pursuant to this subsection shall be deemed to be a public purpose under the Land Code and any expenses incurred and compensation paid in respect of such acquisition shall be paid by the Majlis.
(7) The Majlis may exempt any Islamic religious institution or school from the provisions of this section.
(8) For the purpose of this section, subject to any exemption granted under subsection (7), "Islamic religious institution or school" means any educational institution or school or establishment or place in the State where persons are enlisted to learn or to be taught any subject relating to the religion of Islam.