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Tuesday, November 18, 2014

Parallel court system risks expansion of Islamic laws

Bukit Mertajam MP says the syariah court has its limits under the Federal Constitution.
syariahBUKIT MERTAJAM: Minister in Prime Minister’s Department Jamil Khir Baharom’s announcement to create a syariah system parallel to the civil court structure risks the expansion of religious laws where decisions become binding without any recourse, Bukit Mertajam MP Steven Sim said today.
Sim said Jamil’s suggestion went against the Federal Constitution and would create more confusion in the country’s legal system.
He said syariah law was limited under List II in the Ninth Schedule of the Federal Constitution.
On the other hand, Sim said the Constitution also upheld the rights of both Muslims and non-Muslims alike to appeal to the Court of Appeal and the Federal Court.
“Even in the current situation where non-interference of the civil and syariah courts are spelled out by the Constitution and case laws, confusion still abounds.
“In the current system, the one-sidedness of justice is evident. Non-Muslims are subjected to the syariah court in some situations notably in cases of child custody,” he said in a press statement today.
Sim said this situation went against superior court decisions such as in Sukma Darmawan, where the Federal Court held that the syariah courts had jurisdiction only over persons professing Islam.
“Even the authorities themselves are confused as to which decision to follow, as in the latest case of M Indira Ghandi where the police refused to act on the decision of the civil court due to a conflicting decision from the syariah court,” he said.
“Is this not “hudud-isation” in another name?” he asked.
Sim said without resolving these problems, the Barisan Nasional government’s plan could only be said to be gravely irresponsible.
“It will not only further perpetuate and aggravate the existing confusion, but will also make a mockery of both the civil-syariah legal systems,” he said.

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