Hakam slams Hadi’s call to abolish ‘colonial laws’
Hakam slams Hadi’s call to abolish ‘colonial laws’
National Human Rights Society says it is misleading to suggest that the constitutional limits on shariah jurisdiction are simply 'colonial' restrictions which must be removed.
Hakam president M Ramachelvam said the society was particularly concerned by the use of a “politically convenient ‘colonial law’ argument” to portray Malaysia’s constitutional and legal framework as an inherited foreign imposition standing in the way of Islam.
“It is misleading to suggest that the constitutional limits on shariah jurisdiction are simply ‘colonial’ restrictions which must be removed.
“The appropriate question is not whether a law has historical colonial origins, but whether it is valid within Malaysia’s constitutional order today,” he said in a statement.
Ramachelvam said the invocation of “colonial law” also overlooked the constitutional history of independent Malaya.
He said the Reid Commission was established to make recommendations to draft a constitution for an independent and self-governing Federation of Malaya, following consultation with political parties, representatives of the communities, and the Malay rulers.
Its recommendations formed an important basis for the constitutional arrangements negotiated and ultimately adopted at independence.
“The Federal Constitution was therefore not simply a colonial document imposed upon Malaya, but the product of extensive consultation and negotiation involving the political leadership, the communities and the Malay Rulers,” Ramachelvam said.
He also said that the powers of the state and federal governments, as well as that of the civil and shariah courts, were defined under the constitutional framework, with Islam recognised as the religion of the federation.
He said laws could be reformed or repealed, but such changes must be debated on their legal and constitutional merits rather than justified through a narrative which reduces complex constitutional arrangements to a struggle between “colonial law” and shariah law.
“Political leaders have a deep and serious responsibility to ensure that public discourse on matters as fundamental as religion, law and constitutional rights does not become a vehicle for fear, resentment or distrust between communities,” he said.
Hadi, in his Minda Presiden PAS piece, said Article 4 of the Federal Constitution established it as the country’s supreme law, and that any law inconsistent with the constitution may be invalidated.
He said this meant that full implementation of shariah criminal law would require extensive constitutional amendments.
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My matey Anas Zubedy wrote eruditely on the Syariah laws vis-a-vis the Quran, as follows:
THE QURAN AND SYARIAH LAW ARE NOT THE SAME THING
The first issue is the distinction between divine revelation and human law. For Muslims, the Quran is divine revelation. But Islamic law, as it is interpreted, codified and applied, necessarily involves human reasoning and judgement.
Muslim jurists have differed across time, place and schools of thought precisely because human interpretation is involved. We should therefore not equate the Quran with every law made in the name of Syariah. This is why the contrast between Syariah law and "man-made law", as though one is entirely divine and the other entirely human, is problematic.
We can see the distinction during the Prophet Muhammad's leadership of Medina. The Quran was not the constitution of Medina. The Prophet established the Piagam Madinah - the Medina Charter - to govern a real community made up of different groups. It dealt with relationships, responsibilities, security and the practical realities of organising a community.
The Quran provided the moral and spiritual guidance, while the Charter dealt with governing people in the circumstances of that particular society. Our Federal Constitution performs a similar constitutional function. It provides the framework through which Malaysia is governed - defining institutions, powers, rights, responsibilities and relationships within our Federation.
Of course, the Federal Constitution is man-made. But Islamic law, once interpreted, codified and translated into an enforceable legal system, also necessarily involves human judgement.
The more useful question, therefore, is not whether a law is "man-made". The question is whether our laws uphold values such as justice, fairness, compassion, dignity and the common good. These are values Islam itself seeks to uphold.
