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Saturday, July 4, 2015

Ex-CJ Hamid told: Your time is over

Think-tank chief said he feels sorry for those who faced judgement in his courts
Abdul-Hamid-Mohammad,-Wan-Saiful
KUALA LUMPUR: A former Chief Justice was given a gentle reminder today that his time was over, and that Malaysia had moved on from his conservative views.
Wan Saiful Wan Jan, head of the IDEAS think-tank, said he felt sorry for those people who faced judgement in Abdul Hamid Mohamad’s courts.
Abdul Hamid had recently stated that some judges were too much influenced by western standards of human rights, and “too liberally” interpreting rights guaranteed by the Federal Constitution.
Wan Saiful said that whether Abdul Hamid’s observation of the “liberal tendency” was true or not, the country as a whole had essentially become more liberal.
Abdul Hamid had recently criticised “liberal judges” who had upheld secular provisions of the Constitution against encroachment of Islamic syariah law into areas governed by civil law.
As an example, he cited a Court of Appeal judgement that invalidated the Negeri Sembilan Syariah Criminal Enactment, which criminalised cross dressing. Abdul Hamid contended that the judgement contradicted the constitution, which he viewed as affording protection to Islamic codes.
Abdul Hamid had also criticised the appeal court’s reliance on the “reasonableness” principle used by the Supreme Court of India to invalidate laws passed by Parliament on the basis that they were not reasonable.
He believed that the Negeri Sembilan ruling would  lead to  syariah-based laws, such as those on zakat, polygamy, fornication and sodomy, being declared contradictory to the Federal Constitution based on a “liberal interpretation” and “western standards” of human rights.
Wan Saiful said: “We have moved on from where he was. If that was the thinking he had when he was the chief justice, I feel really sorry for people who were judged by him at that time.”
Wan Saiful, who moderated an IDEAS forum on whether Malaysia was ready for a liberal political party, reassured Abdul Hamid, however, same-sex marriages were unlikely to be legalised in Malaysia.
“I don’t think the (former) Chief Justice will see the law being introduced (in Malaysia) in his lifetime,” Wan Saiful quipped, in response to Abdul Hamid’s expressed fear that continued liberal thinking in civil courts would lead ultimately to same-sex marriages being legalised, as did the US Supreme Court last week.
Wan Saiful said there was no movement or “real demand” for such laws in Malaysia. “Politicians work on the basis of supply and demand. At the moment, the society is not demanding for that,” he said.

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