Mahathir criticises overreach by shariah authorities

 

Dr Mahathir Mohamad says Malaysia is still unable to solve the problems arising from overlapping jurisdictions when common law says one thing and shariah law says another.

PETALING JAYA: Former prime minister Dr Mahathir Mohamad has criticised the shariah system, arguing in his memoir that shariah courts and religious authorities have subjected non-Muslims to their jurisdiction in certain cases.

“Although Malaysian shariah law states that the shariah court only has jurisdiction over Muslims, religious authorities and the shariah courts have subjected non-Muslim spouses to their jurisdiction as well,” he said, referring to several contentious custody battles involving conversion of children to Islam.

“We are still unable to solve the complex problems arising from the overlapping jurisdictions when common law says one thing and shariah law says another.”

In his book, Capturing Hope: The Struggle Continues for a New Malaysia, which was officially launched today, Mahathir also criticised some actions of the religious authorities, saying it seemed they had exceeded their powers under the law.

He added that forcing shariah law on believers of other faiths was likely to cause protests, resistance and instability, calling it “an action abhorrent in the Quran” and “constitutionally impossible”.

He said the Quran stated an individual should not be forced to accept a religion or belief against his or her will.

Mahathir also cited protection for others to profess their own faith in the Constitution under Article 3(1), which states other religions can be practised freely.

“As most Muslims in Malaysia continue to practise the compulsory rituals and leave the rest to the ulama, religious authorities have gained the authority to encroach on more areas, including those covered by common law.” - FMT