Move to harmonise Shariah, common law a disaster, say critics

Shariah in Malaysia, at present, does not manifest the beauty of Islam, says an expert, who criticises the government for failure to implement the ‘ideal’ Islamic law. – The Malaysian Insider file pic, October 30, 2015. 

Datuk Seri Ahmad Zahid Hamidi’s claim that Malaysia is progressing towards “harmonising” Shariah and common laws has left critics urging Putrajaya to reconsider its priorities, given the state of Islamic laws in the country.

A Muslim activist described the deputy prime minister’s statement as a move to woo Malay-Muslim voters, while a lawyer said Putrajaya should instead focus on resolving conflicts between Shariah and civil law.

Islamic Renaissance Founder (IRF) director Datuk Dr Ahmad Farouk Musa said the government had failed to implement the “ideal” essence of Shariah law in Malaysia, and harmonising it now with common law would be a “disaster”.

Shariah, as interpreted by many renowned scholars, encompassed not just hudud or family law, but of preserving religion, property, lineage, intellect and life, said Dr Farouk.

“But if we talk about the current Shariah law in Malaysia, there are many things that do not manifest the beauty of Islam,” he said, citing as an example the difficulty many Muslim women face when trying to annul their marriage or seek alimony. 

“So if we try to ‘harmonise’ the Shariah law that we currently have, it will be a disaster. It will just bring misunderstanding in society. Non-Muslims, especially, will see Shariah as encroaching into their lives. It will create disharmony.”

He said if the government was sincere about strengthening Islam and Shariah law, it should focus on ensuring that Shariah reflected the true meaning of the word.

Datuk Dr Ahmad Farouk Musa says Muslim women face difficulties trying to annul their marriage or seek alimony, which requires attention. – The Malaysian Insider file pic, October 30, 2015.“The whole intention of Shariah is actually preservation and promotion of human welfare. So it is similar to any purpose of law in the world. But that is not happening in Malaysia.”

He said Zahid’s speech was just another attempt to win the support of Muslims to remain in power.

“I do not see any sincerity in the government, because I don’t see any improvement in our current Shariah law. 

“If we can’t even implement basic family laws, how can we expect them to properly harmonise Shariah law and civil law?”

Lawyer Syahredzan Johan said that from a legal point of view, he did not see how the two sets of laws could be “harmonised”, since Shariah laws related to specific cases, and applied only to Muslims.

He said Zahid appeared to be suggesting that the two laws be merged, but said that would go against the constitution.

“If the courts are actively merging, we don’t want to see that happening. The Federal Constitution separates the two, and gives jurisdiction for each state to enact Islamic laws as it sees fit.

“If he’s talking about certain civil court decisions touching on Islamic court matters, then that is okay. But if it comes to constitutional issues, it should be left to the civil courts. Shariah courts would not have that jurisdiction.”

Syahredzan said the government should instead be focusing on rectifying instances where the two courts conflicted with one another.

He cited cases where one spouse from a civil marriage converted to Islam and attempted to gain sole custody of the children through the Shariah courts.

“There are also cases where you have two orders – one made by the Shariah courts and one by the civil courts. So these are the real issues: how to resolve these conflicts. Not harmonising the laws.”

- TMI