Syariah code challenge: KL Bar backs CJ's reminder

The Kuala Lumpur Bar Committee has backed Chief Justice Tengku Maimun Tuan Mat’s reminder to uphold the rule of law and avoid inciting public sentiment.

Its chairperson Alvin Oh Seong Yew noted that the top judge’s reminder came on the heels of public statements allegedly made by the counsel for one of the Islamic bodies in a Kelantan family’s bid to invalidate the state’s 18 syariah criminal provisions.

“The Kuala Lumpur Bar is in agreement with the Federal Court’s observations that parties ought to refrain from discussing or making misleading statements on pending cases in public forums, especially where sensitive matters such as race and religion are involved.

“It is imperative the rule of law and due process is upheld such that legal and constitutional disputes are resolved by a court of law and not by the court of public opinion,” Oh said in a statement last night.

Yesterday, during the Federal Court hearing of the constitutional challenge, Tengku Maimun, who chaired the nine-person bench, issued a reminder following the family’s allegation that a member of the legal team for the Terengganu Islamic Religious and Malay Customs Council (Maidam) had made an improper public statement about the case.

Chief Justice Tengku Maimun Tuan Mat

“We would remind everyone in this courtroom to uphold the rule of law, and not to incite public sentiment.

“We urge lawyers to argue the case based on the issues before us,” Tengku Maimun stated.

She said the bench is taking this “unusual step” to make the observation as much has been said by many people over the family’s petition, which was a “distorted version of what the real issue is before us”.

“As we have stated at the outset of the hearing on Aug 17, the issue is not about undermining the position of Islam or the syariah courts in the country.

“The issue arising out of the petition is simply about the competency of the Kelantan state legislature to enact the impugned provisions,” she stressed.

Tengku Maimun reminded the lawyers involved that they are bound by the ethics of the profession and it was inappropriate to discuss pending cases in a public forum.

This was more so when the lawyers failed to disclose the full facts of the case, she added.

Tengku Maimun said that phrases like “syariah courts would be buried in Malaysia” are not true, adding that the counsel who said it failed to disclose the fact that the family had conceded two of the Kelantan syariah criminal provisions are deemed within the state legislature’s purview.

Initially, the Kelantan family had challenged 20 state syariah criminal provisions but has since dropped two from the challenge.

These are state syariah criminal provisions on false claims and gambling.

However, after the bench reserved judgment over the case to a date yet to be fixed, Maidam’s counsel Yusfarizal Yussoff contended that lawyers for Islamic bodies have always abided by the law and respected the judicial process.

The case has attracted much consternation from certain quarters, with Perikatan Nasional leaders having organised a public gathering outside the Palace of Justice yesterday over the matter.

Perikatan Nasional leaders gathering outside the Palace of Justice

‘Don’t politicise legal bid’

Meanwhile, in a media statement, veteran counsel Jahaberdeen Mohamed Yunoss also commended Tengku Maimun’s reminder, pointing out that the Kelantan family’s bid ought not to be politicised.

Jahaberdeen said it was important that law-making bodies such as the state legislatures adhere to the law and constitutionalism, and for the Federal Court to decide on the family’s action.

“It is worrisome when politics, especially political parties, appear to attempt to exert influence on the judiciary or incite the public against a legal action allowed under the law.

“It is unethical if lawyers, whatever their motives, misrepresent the legal action and shameful if they misrepresent it as a challenge to Islam or the syariah institution.

“I am of the view that empowering syariah courts is to ensure that legislation is properly passed and that what is labelled ‘syariah’ is indeed consistent with the Quran and authentic sunnah,” the lawyer added. - Mkini