Star Online - Place Syariah courts on par with civil courts (extracts):
PETALING JAYA: The Malaysian Muslim Lawyers Association [PPMM] has urged state governments to amend their state constitutional laws to place the Syariah courts under the state’s constitution.
This move, which has been done by the Terengganu government, would place the Syariah courts on par with the civil courts, said association president Datuk Zainul Rijal Abu Bakar.
“I also urge that all laws which restrict Syariah courts only to Muslims should also be amended to give flexibility to non-Muslims to appear in Syariah courts.
“By doing so, non-Muslims can also seek justice in the Syariah courts,” he said in a statement yesterday.
Amin, Alhamdulillah, Hallelujah, Omi-Tofu, Aum, we should NOT even and ever consider the proposals by the Malaysian Muslim Lawyers Association.
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Syariah Courts are subordinate courts and only equivalent to Magistrate Courts |
PETALING JAYA: The Malaysian Muslim Lawyers Association [PPMM] has urged state governments to amend their state constitutional laws to place the Syariah courts under the state’s constitution.
This move, which has been done by the Terengganu government, would place the Syariah courts on par with the civil courts, said association president Datuk Zainul Rijal Abu Bakar.
“I also urge that all laws which restrict Syariah courts only to Muslims should also be amended to give flexibility to non-Muslims to appear in Syariah courts.
“By doing so, non-Muslims can also seek justice in the Syariah courts,” he said in a statement yesterday.
Zainul Rijal Abu Bakar has proposed two things, namely:
(a) placing Syariah Courts on par with Civil Courts, and
(b) allowing non-Muslims to appear in Syariah Courts.
Currently Syariah Courts, being subordinate courts (equivalent to only Magistrate Courts) are restricted to ONLY Islamic issues such as Muslim family laws including family inheritance and marriage & divorces, khalwat, non-observation on Muslim fasting and yamseng-ing (etc).
The maximum quantum of punishments the Syariah Courts can award has been restricted to what is colloquially known as 3-5-6, or a maximum sentence of three years imprisonment, maximum fine of RM5,000 and whipping up to six strokes.
They cannot award anything more than 3-5-6, let alone heavy duty punishments such as life imprisonment or Allah swt forbid, the death penalty.
The limitation on its punishment awards is by itself already a clear indication of both the Syariah Courts as subordinate courts and Malaya-Malaysia as a secular state.
Zainul Rijal's proposal to put the Syariah Courts on par with Civil Courts will mean the Islamic Courts can thereafter impose life imprisonments and capital punishments (death sentences), which by logical extrapolation, will also mean they will be able to award lesser punishments such as amputation of limbs and gouging of eyes, and naturally unlimited amount of flogging. And the death sentences may even be by stoning rather than hanging.
In another name, it's the full range of hudud punishment, and by dangerous stealth.
Then, when non-Muslims "choose" or are "persuaded" to appear in Syariah Courts, alhamdulillah, the Malaysian judicial system will be 100% syariah complaint for all citizens and not just Malaysian Muslims.
By then, Malaysia will become what Mahathir said it was back in 2002, namely, that our nation was a fundamentalist Islamic nation, and which Lim Kit Siang had railed, ranted and raved against in his 929 and 617 Declarations but which today a treacherous Kit Siang pretends not to remember.
Just a reminder - From MM Online (15 May 2015) - The position of the Shariah Court in the Malaysian legal system — Rosli Dahlan and Fawza Sabila Faudzi (extracts):
* About the authors:
Rosli Dahlan (rd@lh-ag.com) heads the Corporate & Commercial Disputes Practice Group at Lee Hishammuddin Allen & Gledhill who regularly appears at the High Court and appellate courts on public law issues.
Fawza Sabila Faudzi (fawza@lh-ag.com) graduated from the Ahmad Ibrahim Kuliyyah of Laws, International Islamic University Malaysia, and is currently a pupil-in-chambers with the firm
The Federation of Malaya government, in a White Paper published in 1957, explaining the changes to the recommendations of the Reid Commission, stated:
They cannot award anything more than 3-5-6, let alone heavy duty punishments such as life imprisonment or Allah swt forbid, the death penalty.
The limitation on its punishment awards is by itself already a clear indication of both the Syariah Courts as subordinate courts and Malaya-Malaysia as a secular state.
Zainul Rijal's proposal to put the Syariah Courts on par with Civil Courts will mean the Islamic Courts can thereafter impose life imprisonments and capital punishments (death sentences), which by logical extrapolation, will also mean they will be able to award lesser punishments such as amputation of limbs and gouging of eyes, and naturally unlimited amount of flogging. And the death sentences may even be by stoning rather than hanging.
In another name, it's the full range of hudud punishment, and by dangerous stealth.
Then, when non-Muslims "choose" or are "persuaded" to appear in Syariah Courts, alhamdulillah, the Malaysian judicial system will be 100% syariah complaint for all citizens and not just Malaysian Muslims.
By then, Malaysia will become what Mahathir said it was back in 2002, namely, that our nation was a fundamentalist Islamic nation, and which Lim Kit Siang had railed, ranted and raved against in his 929 and 617 Declarations but which today a treacherous Kit Siang pretends not to remember.
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Just a reminder - From MM Online (15 May 2015) - The position of the Shariah Court in the Malaysian legal system — Rosli Dahlan and Fawza Sabila Faudzi (extracts):
* About the authors:
Rosli Dahlan (rd@lh-ag.com) heads the Corporate & Commercial Disputes Practice Group at Lee Hishammuddin Allen & Gledhill who regularly appears at the High Court and appellate courts on public law issues.
Fawza Sabila Faudzi (fawza@lh-ag.com) graduated from the Ahmad Ibrahim Kuliyyah of Laws, International Islamic University Malaysia, and is currently a pupil-in-chambers with the firm
The Federation of Malaya government, in a White Paper published in 1957, explaining the changes to the recommendations of the Reid Commission, stated:
“There has been included in the proposed Federation Constitution a declaration that Islam is the religion of the Federation. This will in no way affect the present position of the Federation as a secular State, and every person will have the right to profess and practise his own religion and the right to propagate his religion, though this last right is subject to any restrictions imposed by State law relating to the propagation of any religious doctrine or belief among persons professing the Muslim religion.”
[...]
[...]
Quite clearly, the idea of a “dual” legal system in Malaysia of civil law and Shariah law is misconceived. Shariah law is only applicable to Muslims and only as personal law, with provision for certain offences against the precepts of Islam. Nothing in the Federal Constitution suggests that the Shariah court is to compete with or be parallel to the civil court on the same subject matter, and this is supported by judicial authorities.
This issue is of vital importance to the people of Malaysia, with their multicultural, multi-ethnic and multi-religious history.
The nation called “Malaysia” has no existence outside of the Federal Constitution, which is the supreme law of the country. A united and functional Malaysia can only exist when legal issues are determined in accordance with principle, in well-reasoned judgments by the courts, with a willingness to grapple with difficult issues without glossing over or avoidance or oversimplification or a giving way to sentiment.
The authorities reviewed in this article have in the main avoided these dangers and provided guidance and a path to the future, although with some anomalies that need in due course to be resolved.
This issue is of vital importance to the people of Malaysia, with their multicultural, multi-ethnic and multi-religious history.
The nation called “Malaysia” has no existence outside of the Federal Constitution, which is the supreme law of the country. A united and functional Malaysia can only exist when legal issues are determined in accordance with principle, in well-reasoned judgments by the courts, with a willingness to grapple with difficult issues without glossing over or avoidance or oversimplification or a giving way to sentiment.
The authorities reviewed in this article have in the main avoided these dangers and provided guidance and a path to the future, although with some anomalies that need in due course to be resolved.
