Lawyer Warns: "Meddle With Our Civil Laws And Non-Muslims Will 'Leave' This Country!"

Lawyer Warns: "Meddle With Our Civil Laws And Non-Muslims Will 'Leave' This Country!"

15 Feb 2024 • 11:00 AM MYT



JK Joseph
Repentant ex-banker who believes in truth, compassion and some humour

Credit Image: The Star


Senior lawyer Zaid Ibrahim has warned Umno and Perikatan Nasional leaders to stop being emotional in the recent case where the Federal Court in an 8-1 majority decision had ruled that 16 provisions in the Kelantan Syariah Criminal Code Enactment 2019 were null and void; he further hinted that it could whip up “hysteria” among Muslims in the country and can have far-reaching repercussions!


For context, Kelantan-born lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter, Tengku Yasmin Nastasha Abdul Rahman had challenged the constitutionality and legality of 18 provisions in the Kelantan Syariah Criminal Code (1) Enactment 2019; they had claimed that the Kelantan State Legislative Assembly (DUN) did not have the authority to legislate those offences as the Federal law already covered them.


Meanwhile, Zaid, writing in his “X” platform (Twitter) lamented the recent reactions to the case from the country’s Malay politicians showing how little they care for the country's future; in fact, according to him, they seem unwilling to explain to the people that they have a choice of choosing either a democracy governed by one set of general laws (civil laws) - or an Afghanistan-Iranian-type theocracy!


He also took a swipe at Umno Deputy President Mohamad Hasan for saying that he wants JAKIM to examine the Constitutional amendment, adding that for Pas and Bersatu to express shock and dismay at the decision of the federal court is expected, as they are in opposition, but for Umno to want a constitutional amendment to empower Shariah laws is madness!


The senior lawyer then reminded everyone that since 1957, Malaysia has never been a theocracy but a civil law country; furthermore, he stressed that it's common knowledge that civil laws are the primary source of laws in governing this country while the Shariah system is for personal laws.


Not mincing words the former Kota Baru MP then cautioned his fellow-Muslims: “Do not temper the Constitution. If you divide this country into two legal systems, you will be disadvantaged for generations. But the ramifications are more severe as (eventually) it will affect the whole country!”


Besides, he added that politicians seem to keep telling the country’s Muslims that they need more religious laws, but according to him, even the existing Shariah laws are not adequately implemented; he then went on to ask why until now there was no uniformity of laws between the states?


Zaid also sounded an ominous warning to the people saying that they may not be immediately affected - but not for long; this is because according to him, when the system finally breaks down, the Muslims will lose more than the non-Muslims, adding that the rakyat’s economic rights, freedom, education and culture will all suffer because they won't be free anymore as the criminal laws will engulf everyone - leaving Malaysia unrecognisable!


Moreover, he warned that when that happens non-Muslims will start to leave the country; this is because they won’t be staying here for long in a dysfunctional land where they had lived for centuries to help develop with their hard work.


In a parting shot Zaid called on the country's Muslim leaders not to be busy trying to dismantle the current legal system saying that there are more urgent things to do for the Muslim community here.


Meanwhile, constitutional expert Prof Datuk Dr Shad Saleem Faruqi had said that it is important for all segments of society to understand that the federal laws, which include the Constitution and other federal Acts, are already addressing various Islamic offences.


The law professor said granting judicial powers to the states would lead to more problems, as Malaysia has a number of states; he also called on critics to understand the basic foundation of Islam, adding that the religion had never demanded for the Syariah Court alone to punish certain offences.


According to the well-respected scholar: “Whether it’s punishable in federal law, or punishable in state law, it has nothing to do with Islam. As long as it is a sin, it is a sin. Otherwise, we might as well make the state assembly supreme.”


In any case, PM Anwar had told the Dewan Rakyat last year that the government had agreed to set up a special committee sanctioned by the Conference of Rulers in a bid to empower and elevate the status of the Syariah court.


He assured that the committee would conduct research, including discussions with state muftis and all relevant parties to gather views to formulate regulations that can be implemented to enhance the jurisdiction of the Syariah Court; therefore, there is light at the end of the tunnel after all, as the committee is expected to clarify all the confusion and misunderstanding.


However, it is important that those concerned keep a cool head - and not criticize the country’s apex court - and also not allow themselves (and their supporters) to get too emotional like what Zaid had warned; moreover, as PM Anwar himself had reassured earlier, the impasse will be resolved rationally not just for the Muslims but for the country as a whole - so that all the states can remain united under the Federation!