Islamic healer challenges TCM Act, claiming it usurps state powers

 

The Act makes it compulsory for every pawang, dukun and Islamic healer to register with the ministry but Ramli Ghani claims it is unconstitutional. (Facebook pic)

PUTRAJAYA: An Islamic healer is seeking a Federal Court declaration that the Traditional and Complementary Medicine Act is unconstitutional because the subject matter on Islam comes under the state list.

The Act was passed by Parliament and came into force on Aug 1, 2016.

Ramli Ghani, who filed the application early this month, must get leave of a single judge of the apex court before the merits of the case can be heard.

His lawyer Shahrudin Ali said case management has been fixed for Dec 20. Ramli, in his motion, has named the health ministry and the government as respondents.

In a statement issued through Messrs Shaharudinali Azfarazmi & Co, Ramli said the federal legislature had no power to pass the Act because Schedule 9, State List, Item No. 1 of the Federal Constitution provides that only the states have the power and jurisdiction in matters of Islam and the Malay customs.

He said Islamic healing strikes at the core of Islamic faith, the five pillars of Islam, aqidah, and the recitation of Al-Quran.

Ramli said the Act made it compulsory for every pawang, dukun and Islamic healer (perawat Islam) to register with the ministry and the minister makes the rules and regulations.

He said one had to comply with the ministry’s “Islamic requirements” instead of those by states and their Islamic religious councils.

The Act also covers matters of traditional Chinese and Indian medicine. This, however, is not an issue as they do not come under the state list. - FMT