In expressing his opinion on the wisdom of judges, PAS president Abdul Hadi Awang has shown contempt for the judiciary and the Federal Constitution.
Amanah Youth leader Md Hasbie Muda made this claim in a statement tonight questioning Hadi’s statement which came soon after a Federal Court decision in favour of lawyer Nik Elin Zurina Nik Abdul Rashid, who challenged 18 Kelantan syariah criminal provisions in court.
“Although not satisfied with the court’s decision, Hadi as a veteran MP should understand that the judge’s decision is guided by the Federal Constitution.
“The real failure is that Hadi as an MP, who was once part of the government, made no effort to amend the Constitution. It reflects his carelessness in carrying out his role as a member of the legislature,” he said.
Hasbie stressed that the judiciary is the main pillar in maintaining the rule of law and guaranteeing justice for every individual in this country.
“Hadi’s writing that there are judges who are ‘wise’, whose heads and minds are influenced by the writings of the colonial heritage is a very clear form of insult to the judicial institutions and the country’s Constitution,” he alleged.
Respect court decisions
He said that as an MP who took an oath to uphold the Constitution, Hadi should understand the importance of respecting court decisions based on similar constitutions.
“The action that should be taken is the process of amending the Constitution, not issuing statements that degrade the dignity of the judicial institution.
“A leader’s personality must be a good example in preserving the rule of law and guaranteeing justice for all citizens,” said Hasbie.
He suggested Hadi emulate the call of PAS Youth in the Iki Putra case when PAS was part of the government.
Back then, it called on all Malaysians in general and Muslims in particular to accept the decision of the Federal Court and not to take any action that could tarnish the image of the judiciary and respect the concept of the rule of law.
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Earlier today Hadi lamented that Islamic countries were losing their integrity in maintaining colonial laws, despite the country achieving independence.
He said that while it is stipulated in the Federal Constitution that Islam is the country’s official religion, other religions can be practised freely.
However, he claimed that many legislative amendments have since been made by neglecting Islamic interests.
“We used to have wise judges like the late Mohamed Salleh Abas, and the late Harun Hashim.
“There are also those who are still alive, such as Mohamad Abdul Hamid, Ahmad Fairuz Abdul Halim, and others who used their wisdom to uphold and defend Islamic laws (while presiding over civil courts),” Hadi said in a statement today.
“However, of late, we have judges whose minds are influenced by colonial thinking,” he added.
Hadi further called Muslims to rise and defend Islam against parties who try to divert them from the “real” religion.
“This is because the sin of insulting Islam is bigger than the sin of insulting the courts, which is minute before God,” he said.
Although his statement did not provide context, it is believed that he was referring to the Federal Court decision in which the bench of nine judges in an 8-1 majority decision allowed the petition by Nik Elin and her daughter Tengku Yasmin Nastasha Tengku Abdul Rahman to nullify 18 Kelantan syariah criminal provisions.
The court ruled that Kelantan’s legislature exceeded its state-making power contained in the State List (List II) of the Ninth Schedule of the Federal Constitution.
However, the apex court only allowed 16 out of the 18 to be invalidated. - Mkini
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