Beruas MP Ngeh Koo Ham’s suggestion for non-Muslim representation in the special committee on syariah law was “baseless”, said Minister in the Prime Minister’s Department (Religious Affairs) Mohd Na’im Mokhtar.
In a statement, Mohd Na’im said the Special Committee to Study the Competency of State Legislative Assemblies to Legislate Islamic Law is made up of those who specialise in the Federal Constitution, civil law, and syariah law.
“They are qualified to provide their views and brainstorm (solutions) to ensure the best and harmonious solutions for all related issues in order to uphold and strengthen syariah law and the syariah court system,” he said.
He said the results of the study will be tabled to the Malaysian National Council for Islamic Religious Affairs (MKI) and the Council of Rulers.
“Therefore, the suggestion for the appointment of a non-Muslim in the special committee, as suggested by the MP for Beruas, is totally baseless,” said Mohd Na’im.
He also urged all quarters not to issue statements that can cause public unease and, instead, provide the special committee space to function.
The 11-member committee is headed by former chief justice Zaki Azmi.
Other members are former federal court judge Mohd Zawawi Salleh, Selangor Islamic religious council member Salehuddin Saidin, Malacca Syariah Court chief judge Nadzri Abdul Rahman, Attorney-General’s Chambers (AGC) syariah and law harmonisation division head Anas Ahmad Zakie, AGC civil division deputy head Shamsul Bolhassan, AGC constitutional research chief Azirul Liza Abdullah, International Islamic University Malaysia (IIUM) legal dean Farid Sufian Shuaib, IIUM associate professor Wan Ahmad Fauzi Hashim, Malaysian Syariah Lawyers Association president Musa Awang, and syariah lawyer Zulqarnain Lukman.
Ngeh, a senior lawyer and lawmaker, urged Putrajaya to consider non-Muslim and Bar Council representation because the committee will attempt to harmonise syariah laws with the Federal Constitution.
As an example of existing problems, Ngeh cited how some civil courts refused to entertain applications from persons who seek to declare they are not Muslims on the grounds that they have no jurisdiction to do so.
“The Home Ministry has asked persons who do not profess the Islamic faith to obtain a Syariah Court declaration that they are not Muslims before the word Islam can be removed from their identity cards.
“Syariah Courts will be slow or will not grant such an order as it is an offence to leave Islam under syariah law,” he said, adding that it has left many in a quandary.
In October, Ngeh raised the plight of 137 Orang Asli who had their lawsuit struck out, thereby stymying their attempt to remove the word “Islam” from their identity cards. The group claimed they were victims of mass conversion 30 years ago.
The MP argued that the court and the law had denied the 137 applicants their right to religious freedom under Article 18 of the Federal Constitution.
However, Ngeh failed to receive backup from his own party, with DAP secretary-general Anthony Loke claiming the former had misunderstood the special committee’s source of power. - Mkini
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