ULUP 2024
CONSTITUTIONAL AND ADMINISTRATIVE LAW
CLASS REVIEW: OMBUDSMAN
PREPARED BY:
BIL NAME NO. MATRIC
1 MOHAMMAD DANIEL BIN MOHAMMAD ISMAIL 261187
2 NUR SYUHADA BINTI ZULKAFLI 261168
3 NURAIN FARZANA BINTI MOHAMAD RASYIDI 261169
4 ANISA BINTI ABDULLAH 261161
5 NUR NAJWA NABILLA BINTI MOHAMAD JOFRI 261195
6 FARAH ILYANA BINTI MOHD ANUAR 261162
PREPARED FOR:
DR. NOOR FARIHAH MOHD NOOR
SUBMITTED ON:
14th JUNE 2020
Based on the Hisbah Enactment 2000 of the State of Terengganu, the Hisbah Enactment
offers a “new alternative” to modern Ombudsman. Name what are some of the important
elements that are available and not offered in the Ombudsman system. Give 2 examples of
them.
Hisbah Enactment 2000 is an Enactment to make provisions for the appointment of a
Pesuruhjaya Hisbah to conduct investigation of the administrative action taken by or on behalf of
any governmental organisation and matters connected therewith. 1 A Hisbah Commission was
established by the state government of Terengganu after the State Legislative Assembly
approved the enactment on 11th January 2001 and came into effect on 15 th March 2001. Hisbah
Commission was established to monitor and observe the state administration and development
activities to make sure they follow the ruling principles as required. It was led by Idris bin
Othman a Commissioner and former Magistrate. The Commission was placed under the
supervision of Hisbah Committee and Special Task which is chaired by former Chief Justice of
Malaysia, Mohd Salleh bin Abbas. According to Salleh Abbas, Terengganu was the first
millennium Islamic governance that applied Hisbah laws after the fall of Ottoman Islamic
Empire in Turkey 1924. 2
Hisbah Commission is one of the Hisbah institution in Terengganu which known as
alternative for dispute resolution to function as Ombudsman in the state. The main purpose of the
establishment was to investigate the maladministration in governments’ organization in
Terengganu. In other words, it acted as institutions that supervised government organizations so
that the power or influence of the government officer was not abused or misused that created
cruelty and abuse to the public. As an Islamic state, it aimed at ensuring that the state
administration uphold principles and acted according to Islamic syariat. Within the duration of
its implementation, from 2000 to 15th May 2003, 179 cases were received and analysed by
Hisbah Commission and 52 were successfully solved. Those cases cover numerous categories,
including government agency category or its agents, government or private companies as well as
the public.3
1
CLJ LAW. “HISBAH ENACTMENT 2000 EN. 8/2000.” CLJ LAW. Accessed June 12, 2020.
https://www.cljlawcom.eserv.uum.edu.my/Members/DisplayAct.aspx?
ActSectionId=2483038211&SearchId=6psb.
2
Wan Muhammad, Ramizah. “Hisbah in Malaysia: Preventing Vices and Immoralities by Ramizah Wan
Muhammad.” IJITS. Last modified March 19, 2017. Accessed June 12, 2020. http://www.ijits.net/hisbah-malaysia-
preventing-vices-immoralities-ramizah-wan-muhammad/.
3
Abu Bakar bin Abdullah. “Analysis on the Ruling Principles of Parti Islam Se Malaysia (PAS) in Administration
and Development of the State of Terengganu within the Period of 1999-2004” Vol. 2 No. 7, no. [Special Issue –
April 2011] (2011): 257–270.
Hisbah Enactment 2000 is a known as a modern Ombudsman because it is the
combination of ombudsman system and hisbah. Hisbah is an Islamic doctrine which means
"accountability". Most Muslim Scholars defined hisbah as is an individual or collective duty to
enjoin the good and forbid the wrong (alamr bi al-ma’ruf wa al-nahy ‘an al-munkar). The
elements that is available in Hisbah Enactment 2000 that is not offered in Ombudsman is Hisbah
Institution have the advantages to perform punishment, differed with Ombudsman that only have
power to give advices and suggestion to be implemented. Hisbah Comission can forbid the
wrong with any means either by punishment or ta’zir (punishment that can be administered at the
discretion of the judge, called a Kadi, as opposed to the hudud) which cannot be carried out by
Ombudsman.4 Hence, Hisbah Comission is institution not only focusing on rectifying mistakes
but forbid abuse of power or cruelty in government organizations which in-line with Islamic
doctrine, alamr bi al-ma’ruf wa al-nahy ‘an al-munka.
One of the important elements that are available in Hisbah Enactment 2000 and not
offered in the Ombudsman system are the protection of Pesuruhjaya Hisbah, Hisbah Officers and
witnesses. The Enactment provided that no legal proceedings either civil or criminal shall be
instituted against Pesuruhjaya Hisbah or any Hisbah Officer for any omission which is omitted in
good faith by him or officers. The protection gives permissibility to Persuruhjaya Hisbah or its
officers to carry out their duties extensively accordance to their provisions. For example,
Pesuruhjaya Hisbah have the power to procure and receive all such evidence such as written or
oral, and to examine all such persons as witnesses who Pesuruhjaya Hisbah may think it
necessary or desirable to examine. He may summon any person to give evidence or produce any
document or anything in his possession to examine inspect, make copies of, or take extracts,
without payment of a fee, from any book, record or document. Besides, the witnesses is also
protected where all evidences given for the purposes of any investigation under this Enactment
are privileged and the witness will not liable to any suit or civil proceeding in respect of such
evidence. However, there will be actions taken against the witness if the person is charged giving
or fabricating false evidence.
4
Samsul Bahri Zakaria. “WILAYATUL HISBAH DALAM SISTEM PENGUATKUASAAN QANUN JENAYAH
SYARIAH DI ACEH, INDONESIA: ANALISIS TERHADAP STRUKTUR ORGANISASI, BIDANGKUASA
DAN CABARAN.” Studentsrepo.um. Accessed June 13, 2020.
http://studentsrepo.um.edu.my/5189/1/Samsul_Bahri_IGA110016.pdf.
