SLS questions minister over call to stop challenges on syariah law
The Sabah Law Society (SLS) has expressed concerns with Law Minister Takiyuddin Hassan's call that no further challenges to state syariah laws be mounted.
The society's president, Roger Chin said that it was troubled by Takiyuddin's call, following the Federal court ruling that a Selangor state syariah enactment on unnatural sex was invalid.
"The SLS takes the firm stand that all parties are entitled to challenge the constitutionality of laws enacted in Malaysia, whether they be state or federal laws.
"This is a hallmark of a democracy, and the people should not be deterred to seek recourse with the courts," Chin said in a media statement today.
On Feb 28, Takiyuddin urged that no further challenges to state laws be mounted following the Federal court decision.
The PAS secretary-general said additional challenges would have negative consequences and does not acknowledge the dynamism that syariah legal principles bring to the Malaysian legal system.
The society's president, Roger Chin said that it was troubled by Takiyuddin's call, following the Federal court ruling that a Selangor state syariah enactment on unnatural sex was invalid.
"The SLS takes the firm stand that all parties are entitled to challenge the constitutionality of laws enacted in Malaysia, whether they be state or federal laws.
"This is a hallmark of a democracy, and the people should not be deterred to seek recourse with the courts," Chin said in a media statement today.
On Feb 28, Takiyuddin urged that no further challenges to state laws be mounted following the Federal court decision.
The PAS secretary-general said additional challenges would have negative consequences and does not acknowledge the dynamism that syariah legal principles bring to the Malaysian legal system.
On Feb 25, the Federal Court struck down a Selangor state syariah law that criminalises unnatural sex, ruling that only Parliament has jurisdiction to make laws pertaining to the matter.
For the record, Parliament-enacted laws that criminalise unnatural sex are contained in the Penal Code.
Sabah Law Society president Roger Chin
Chin today said that the apex court verdict is not an attack on Syariah law because it merely dealt with areas upon which the state legislature can make laws on and matters which only Parliament can enact laws on.
He said that the main aspect of the Federal Court decision is not controversial as it merely upheld the Federal Constitution, which laid out matters which fall under the law-making jurisdiction of the Dewan Rakyat and the state legislatures, respectively.
Matters on which state legislatures have the power to make laws are contained in the Federal Constitution's State List, while those that only Parliament has jurisdiction to enact laws on are contained in the Constitution's Federal List.
"Clearly, therefore, any laws enacted by the states in relation to matters contained in the Federal List are invalid. The states simply have no power to legislate in relation to such matters. This is a fairly rudimentary principle, and the law minister would or should be entirely aware of the same.
"The SLS applauds the willingness of the Federal Court to uphold the basic tenets of the Federal Constitution, notwithstanding the potential for misunderstanding by members of the public or politicisation by politicians, who may not appreciate the context of the decision.
"In the premises, it would be irresponsible for anyone to characterise the decision of the Federal Court as an attack on Syariah law and go further to discourage similar challenges.
"The provisions of the Federal Constitution must be upheld at all times. Although there may be concerns as to perception, which should be managed with tact and diplomacy, ultimately the rule of law and the provisions of the Federal Constitution must always be preserved and upheld," Chin said.
He said that SLS encourages public interest litigation and challenges to the constitutionality of any laws passed, whether state or federal, throughout the country.
Chin said that it is only through a challenge that laws can truly be described as 'tried and tested'.
"If laws are validly passed, no party should fear a challenge to the constitutionality of the same, and nobody should be seen to discourage such challenges," he said.
He said that the main aspect of the Federal Court decision is not controversial as it merely upheld the Federal Constitution, which laid out matters which fall under the law-making jurisdiction of the Dewan Rakyat and the state legislatures, respectively.
Matters on which state legislatures have the power to make laws are contained in the Federal Constitution's State List, while those that only Parliament has jurisdiction to enact laws on are contained in the Constitution's Federal List.
"Clearly, therefore, any laws enacted by the states in relation to matters contained in the Federal List are invalid. The states simply have no power to legislate in relation to such matters. This is a fairly rudimentary principle, and the law minister would or should be entirely aware of the same.
"The SLS applauds the willingness of the Federal Court to uphold the basic tenets of the Federal Constitution, notwithstanding the potential for misunderstanding by members of the public or politicisation by politicians, who may not appreciate the context of the decision.
"In the premises, it would be irresponsible for anyone to characterise the decision of the Federal Court as an attack on Syariah law and go further to discourage similar challenges.
"The provisions of the Federal Constitution must be upheld at all times. Although there may be concerns as to perception, which should be managed with tact and diplomacy, ultimately the rule of law and the provisions of the Federal Constitution must always be preserved and upheld," Chin said.
He said that SLS encourages public interest litigation and challenges to the constitutionality of any laws passed, whether state or federal, throughout the country.
Chin said that it is only through a challenge that laws can truly be described as 'tried and tested'.
"If laws are validly passed, no party should fear a challenge to the constitutionality of the same, and nobody should be seen to discourage such challenges," he said.
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Malaysiakini:
Lawyers association calls for special council to resolve syariah-civil law overlap
Lawyers association calls for special council to resolve syariah-civil law overlap
nowadays syariah courts forget they are only SUBORDINATE courts limited to 3-5-6, under the jurisdiction of the superior Civil courts
A special body or council needs to be formed involving the syariah and civil courts to resolve the issue of syariah-civil law overlap in this country, says Muslim Lawyers Association of Malaysia president (PPMM), Zainul Rijal Abu Bakar.
He said the body, for example, could be called the Constitutional Court with the objective of its establishment to resolve the dual legal system practised in Malaysia.
"When there is a dual legal system, we cannot avoid some overlapping between the syariah and civil laws. When there is overlapping, we need to have another body to resolve the issue.”
He said the body, for example, could be called the Constitutional Court with the objective of its establishment to resolve the dual legal system practised in Malaysia.
"When there is a dual legal system, we cannot avoid some overlapping between the syariah and civil laws. When there is overlapping, we need to have another body to resolve the issue.”
subordinate courts like the syariah courts should never ever imagine they're equal in any way to the Civil courts
Zainul Rijal said this in the ‘Bicara Pembela’ slot titled ‘Syariah Law in Malaysia’, which was broadcast online via the Facebook of Pertubuhan-Pertubuhan Pembela Islam (Pembela) last night.
He referred to the case of a woman born out of wedlock to a Muslim father and Buddhist mother who recently succeeded in her appeal in the Federal Court to be declared a non-Muslim as a result of the dual legal system.
He also cited the case of a man who was charged (on Aug 21, 2019) in the Selangor Syariah High Court for attempting to have sexual intercourse with another man. The accused also succeeded in his appeal in the Federal Court for a declaration that Section 28 of the Syariah Criminal Offences (Selangor) Enactment 1995 is invalid.
Last Feb 28, the Federal Court ruled that Section 28 which criminalises unnatural sex is inconsistent with the Federal Constitution and is therefore void.
Zainul Rijal said before the special body could be established, the status of the syariah courts should be uplifted to be at par with the civil courts, with a hierarchy of five levels and having the same power.
He referred to the case of a woman born out of wedlock to a Muslim father and Buddhist mother who recently succeeded in her appeal in the Federal Court to be declared a non-Muslim as a result of the dual legal system.
He also cited the case of a man who was charged (on Aug 21, 2019) in the Selangor Syariah High Court for attempting to have sexual intercourse with another man. The accused also succeeded in his appeal in the Federal Court for a declaration that Section 28 of the Syariah Criminal Offences (Selangor) Enactment 1995 is invalid.
Last Feb 28, the Federal Court ruled that Section 28 which criminalises unnatural sex is inconsistent with the Federal Constitution and is therefore void.
Zainul Rijal said before the special body could be established, the status of the syariah courts should be uplifted to be at par with the civil courts, with a hierarchy of five levels and having the same power.
the status of the syariah courts should be uplifted to be at par with the civil courts, with a hierarchy of 5 levels and having the same power??? 😁😁😁
“Some differences between the syariah and civil courts have made the former appear like a tribunal only to some quarters, which is not right. The syariah courts have their own jurisdiction which the civil courts cannot interfere with,” he added.
What PAS really wants is a fully parallel and equal Syariah Court system that has Carte Blanche to try any and all offences under future Syariah Laws, without limitations on the "personal law" thingy.
ReplyDeleteSimilar to Pakistan, where the Syariah Court has even handed down death penalties on criminal matters, as well as indict non-Muslims who have been accused of insulting Islam.
absolutely spot on, then Malaysdia can get rid of the Civil courts and Civil laws and be a FULL Islamic nation
Deleteccp copy our dual system, fail miserably n now revert to one system, communist system, now our turn to copy from ccp.
ReplyDeleteWakakakakakaka…
DeleteYr dual system of what?
The usual katak-ised fart of inconsequential distorted history!
The batshit spilling out of the Batty...mumbling to himself nonsensical words that only a Bahalol could make sense of, wa ka ka ka
Delete