Legal Foundations and Maqasid Vision: Responsibility for Islamic Higher Education in Malaysia

Abstract

Malaysian federalism divides the authority over education and Islamic affairs between the federal and state governments, creating a complex governance landscape. This division has influenced the establishment and management of Islamic higher education in the country. Therefore, this paper discusses federalism and its influence on Islamic higher education in Malaysia, claiming that the separation of powers, in which the federal government, in charge of education, and the state, in charge of Islam, should be the main stakeholders, has built a grey area of governance as opposed to a legal restriction. Tracing through a doctrinal approach to the constitutional and statutory texts, complemented with a secondary analysis and a narrow case study of the Sultan Ibrahim Johor Islamic University College (SIJIUC), the research indicates that the approach of State Islamic Religious Councils (SIRCs) can legitimately manage the Islamic universities within the framework of MOHE/MQA. A scalable model can be illustrated by comparative examples of Kedah (INSANIAH/UniSHAMS) and Selangor (KISDAR-KUIS-UIS), which highlight state ownership, recurrent grants, waqf/endowments, and the diversification of the programme into professional spheres. The paper, whose argument is framed by the maqasid al-shari’ah, particularly hifz al-din and hifz al-aql, argues that states and SIRCs have a normative responsibility to promote Islamic universities by expanding access, reducing attrition, and circulating talent in line with current needs. The acquisition of SIJIUC in favour of the Johor case, in support of the JS-SEZ and Industry 4.0 goals, is justified by the connection of these goals to moral rehabilitation and technical competence. The rules are rounded out with policy levers to institutionalise excellence: long-term funding, faculty training, research strengths, and an industry-focused curriculum.