Lawyers defend syariah law as constitutional

Lawyers argue that syariah law like the Federal Constitution has the same main objective of upholding fairness and justice.

KUALA LUMPUR: Syariah law is not in conflict with the Federal Constitution as both have the same main objective of upholding fairness and justice. This is the view of the Malaysian Muslim Lawyers Association (PPMM), Malaysian Syariah Lawyers Association (PGSM) and Centre for Human Rights Research and Advocacy (CENTHRA).

In a joint statement issued today on the polemic concerning the position of Islam within a constitutional democracy, they explained that there were many cases that proved that the implementation of syariah law on Muslims did not contravene the Federal Constitution.

This contradicted the claim made by 25 eminent Malays in their open letter titled “The Need for A Consultative Process” circulated since early this month.

“The basic thing to do is to educate the people so that they understand that Muslims are part of the larger community (ummah) who put the interests of society and harmony above personal interests. This is the essence of the concept of moderation and upholding of fairness and justice within the framework of the Federal Constitution for mutual benefit based on the principles of Islam and not on personal interests,” said the statement which was signed by PPMM president Zainul Rijal Abu Bakar, PGSM president Musa Awang and CENTHRA chief executive officer Azril Mohd Amin.

On December 7, a group of 25 former high-ranking Malay officials wrote an open letter to all Malaysians, calling for, among others, the Syariah Criminal Law to be reviewed as the long-existing plural legal system had led to conflicts and overlapping between civil and syariah laws.

The letter, which was signed by former ambassadors and top public officials including Tan Sri Abdul Rahim Din (former secretary-general of the Home Ministry) and Tan Sri Ahmad Kamil Jaafar (former secretary-general of the Foreign Ministry), also called for a dialogue on the implementation of syariah law in the country.

In the statement, PPMM, PGSM and CENTHRA also rapped the 25 individuals for implying the recent Court of Appeal’s judgement on the case of cross-dressing involving Muslim men as the failure of Islam to recognise the rights of transgenders.

The weaknesses of the Islamic authority’s administration as well as human error in the implementation of syariah law were highlighted by the 25 individuals in connection with the case, it said.

However, PPMM, PGSM and CENTHRA did not oppose the group’s call for a dialogue on the implementation of syariah law.

- BERNAMA