The Role of Ulil Amri and Religious Authorities in Determining Public Policies Related to the Syariah Rulings in Malaysia: A Study on the COVID- 19 Pandemic

Every action related to the people must be evaluated, scrutinized, and approved by Ulil Amri before it is allowed to be implemented by the Islamic religious authorities at their respective state. This study was conducted with the aim of identifying Ulil Amri who is responsible for handling and managing COVID-19 pandemic issues. In addition, this study was also conducted to identify the role and job scope of each Ulil Amri involved in formulating the public policies related to the COVID-19 pandemic. This qualitative study has collected relevant data through primary and secondary documents and further analysed them using the content analysis method. The results of this study found HM DYMM Yang di-Pertuan Agong and Rulers, State Council of Islamic Religion, State Mufti Department, and State Islamic Religious Council. They are the Ulil Amri who is responsible for handling and managing COVID-19 pandemic issues related to Islamic religious affairs in Malaysia. Each Ulil Amri involved has their own role and jurisdiction. They will work together in formulating any public policy related to Islamic religious affairs. This shows that every public policy produced involves various parties from various fields who work together to safeguard the maslahat and prevent mafsadah from happening to the people.


Introduction
Every action related to the people must be evaluated, scrutinized, and approved by Ulil Amri before it is allowed to be implemented by the Islamic religious authorities at their respective state. This matter is based on the concept of Siyāsah Syar'iyyah which stipulates that all rulings made by ulil amri should be with the aim of preserving the welfare of the people (Pa, Basir, & Mohamed, 2010; Zalani & Omar, 2019). This has also been clearly stated in a prophetic tradition narrated by Ibn Umar (r.a.), as to the effect: Ibnu Umar (r.a.) narrated: I heard Messenger of Allah (p.b.u.h.) saying, "All of you are guardians and are responsible for your wards. The ruler is a guardian and responsible for his subjects; the man is a guardian and responsible for his family; the woman is a guardian and is responsible for her husband's house and his offspring; and so all of you are guardians and are responsible for your wards." [Reported by al-Bukhari, tradition no. 5200; and Muslim, tradition no. 1829 & 20] This prophetic tradition refers to each person having their obligation to maintain and carry out the trust and confidence that has been entrusted to him (al-Nawāwī, 2010;al-Suyūṭī, 1996). As for the context of Ulil Amri, Mullā ʿAli al-Qārī (2002) and al-Munāwī (1988) said that the mandate given to them is in the form of the people including matters and rights related to it are all subjected under their responsibility. Each of these trusts, confidence, and responsibilities should be carried ISSN: 00333077 2447 www.psychologyandeducation.net out fairly. They must also take care of the welfare of their dependents in terms of this world (dunyawi) and the Hereafter (ukhrawi). In fact, all these dependents will be reviewed and reassessed in the hereafter whether the person entrusted is successful or fails to carry out all the burdens given (al-Munāwī, 1937).

Methodology
This qualitative study uses documentary research methods to evaluate books written by scholars and academics. In addition, the same methodology is also used to evaluate the results of the latest studies reported in quality and indexed journals. Documentary research methods are used to obtain and collect relevant data through documents, writing, and records that have been produced (Neely & Ponshunmugam, 2019;Prior, 2008 Kathir (1999) to obtain the interpretation of ulil amri according to the scholars. We have determined that the data from these documents is the primary data because this data is from a direct source, reliable and not influenced by the views or opinions of individuals. Furthermore, the data from these books have been a source of reference for scholars in later times to this day.
Next, the secondary data for this study is a discussion of the general role of government at the central and state levels in facing the COVID-19 pandemic as well as their specific role in determining public policies related to Islamic religious affairs. In addition, secondary data is also obtained from writing in indexed journals especially Scopus and WOS obtained from the Scopus database accessed through the EZproxy portal of Universiti Sains Islam Malaysia.
Then, the data obtained were analyzed using content analysis methods to understand and extract the important and useful information that is around the text of the document (Leavy, 2017). Since this study is a qualitative work, then the content analysis in this study has been implemented inductively (Julien, 2008). This process is implemented repeatedly (recursive) involving the process of data collection and analysis related to the application of definitions, rules, or procedures for continuous results (

Findings and discussion
The findings of this study and the discussion on it are divided into three parts, namely the determination of Ulil Amri in the COVID-19 pandemic in Malaysia, their role and general responsibility towards Malaysians, and the challenges in formulating such policies.   Furthermore, the interpretation of Ulil Amri as al-Umarā' (Rulers) is a more appropriate and relevant in the context of administration and statehood (Ilyas, 2011;Kadir, 2014). In other words, Ulil Amri is the governing authority of a country and be given the power to govern the affairs of its people. They have been given the mandate to address various social issues and problems in a country.
Originally, Ulil Amri in governance related to religious affairs was the HM DYMM Yang di-Pertuan Agong and Sultan. Therefore, any determination of Islamic affairs or Islamic law in the state is within their jurisdiction (Bahrom, 1985) and al-Zarqā (2012), "attaṣarrufu ʿalār-raʿīyyati manūṭun bil-maṣlahah" (acts of those with authority over people must take into account the interests of the people). This maxim denotes that the action of stakeholders, public service, politicians, and anyone who is served as a guardian over something or someone, should be subject to fulfilling the legitimate interests of those for whom they are responsible www.psychologyandeducation.net (Shabīr, 2007;Zaydān, 2015 According to Ibnu Qayyim al-Jauziyyah (1994), this is the best cause of action in dealing with disease outbreaks. According to him, when the Prophet (p.b.u.h.) forbids the entrance to the occurrence of an outbreak and out of the occurrence of the disease, he actually incorporated an optimal disease prevention system. In other words, this story has given us the impression that when an outbreak occurs, then the main methodology that the Prophet (p.b.u.h.) suggests to us is focusing on the preventive measures.
Then, Ulil Amri is also responsible for making a public policy that is in line with the requirements of the Quran and Sunnah. This can be highlighted through the application of several Islamic legal maxims that are closely related to the COVID-19 pandemic. Among the maxims that need to be used in the determination of the general policy are as follows:

Challenges in formulating and enforcing the public policy
Every Ulil Amri and religious authorities work together in formulating a general policy related to Islamic religious affairs. Nevertheless, there are some challenges that arise in the formulation of this policy such as jurisdiction conflicts between the authorities at the federal and state levels. This happens when the jurisdiction in matters of national security and the prevention of infectious diseases collides with the jurisdiction related to the determination of Islamic religious affairs in the states. Conflict often occurs when the NSC and MOH have set an SOP related to the Movement Control Order (PKP) which is

Blocking the Means (Sadd al-Dharāiʿ)
• This maxim refers to the need to block the means that can lead to harm. Doing physical distancing is amounting to block the means that can bring harm such as COVID-19 infection on humanity.

Acts of those with authority over people must take into account the interests of people (at-taṣarrufu ʿalār-raʿīyyati manūṭun bil-maṣlahah)
• This maxim refers to the actions taken by the government against the people depend on the maslahah. In this context, the government has the right to make decisions based on the welfare of the people in accordance with the Islamic principles.

Harm shall neither be inflicted nor reciprocated (Lā Ḍarara wa Lā Ḍirāra)
• This maxim aims to prevent a person from doing harm to himself and causing harm to others. Exposing oneself to COVID-19 infection can cause harm to oneself and transmit the virus to others. This is prohibited because it exposes to death due to infection with this virus. Physical distancing during congregational prayers in mosques and suraus as stipulated in the public policy is in accordance with this maxim. The transmission of this virus is a harm that must be eliminated by breaking the chain of transmission. From this maxim, it is obligatory to remove the harm.

Harm is to be eliminated as far as possible (al-Ḍarar Yuzāl bi-Qadari al-Imkān)
• This means that any effort that is truly serious and effective with all efforts to eliminate harm and also to prevent it from happening is regarded as obligatory by the Syarak.

Severe harm is removed by lesser harm (al-Ḍarar al-Asyad Yuzāl bil-Ḍarari al-Akhaf)
• This means that originally, Islam forbade any form of harm as well as matters that cause harm. If in order to eliminate a severe harm by having to cause lesser harm, then the Syariah permits actions that caused lesser harm in order to eliminate and prevent from severe harm from happening. This study suggests that the determination of general policies related to religious affairs in Malaysia, especially in the COVID-19 pandemic, should be submitted to Ulil Amri and religious authorities in a state. Nevertheless, they need to take into account the advice given by the MKN and MOH in determining the public policy. This is because item 7, List III -Concurrent List in the Ninth Schedule of the Federal Constitution has provided for public health, sanitation, and the prevention of diseases as a common jurisdiction between the federal and state governments. This shows that maintaining public health, sanitation, as well as preventing the spread of disease are among the jurisdictions shared by the two types of governments. Therefore, in exercising their jurisdiction, the MKN and MOH need to advise the Ulil Amri and religious authorities in a state regarding matters involving public safety, public health, and disease prevention. Similarly, Ulil Amri and religious authorities, in exercising their jurisdiction, need to take into account the advice given by the MKN and MOH when it comes to develop a public policy related to Islamic religious affairs.

Conclusion
In conclusion, there are several Ulil Amri who are responsible for handling and managing COVID-19 pandemic issues in Malaysia. As for the determination of the public policy related to Islamic affairs, they are comprised of the Head of the religion of Islam, namely the HM DYMM YDPA and sultan, State Islamic Religious Council, Mufti at the State Mufti Department, and State Islamic Religious Council. Each of them has a general and specific role for the people under their jurisdiction. Their general role is to manage the administration of all affairs and welfare of the people in accordance with the concept of safeguarding the welfare and rejection of the harm that will befall them. Next, each Ulil Amri has a role and jurisdiction either at the central or state level. They cooperate in establishing a common policy related to Islamic affairs. This form of cooperation is also in line with the practice of shurā as advocated by Islam. This practice can prevent the occurrence of al-tasāhul (latitude and indulgence) in issuing a ruling or policy. This study suggests that when there is a clash between the jurisdiction among Ulil Amri, then the power of Ulil Amri and state religious authorities should take precedence because they are the ones who should make any determination of Islamic affairs or Islamic law in their state. Nevertheless, they need to take into account the advice given by the MKN and MOH because maintaining public health and preventing diseases are among the jurisdictions shared by Ulil Amri and state religious authorities with the central government.