Consult Sabah, Sarawak on shariah constitutional change, says Baru Bian

 

Former minister Baru Bian said the governors of Sabah and Sarawak must be consulted about anything affecting the religion and judiciary in their states.

PETALING JAYA: Sabah and Sarawak must be consulted first before there is any proposed amendment to the Federal Constitution to enhance shariah laws, former minister Baru Bian said.

He said this is required under Article 161E of the constitution, where the respective governors of Sabah and Sarawak must be consulted about anything affecting the religion and judiciary in their states.

Baru, who is Ba’kelalan assemblyman, was responding to religious affairs minister Na’im Mokhtar, who said the government was ready to avoid conflicts between the civil and shariah courts, including making amendments to the Federal Constitution.

“The minister said there is a need to resolve the conflict between civil law and shariah law. However, no conflict exists,” Baru said in a statement.

“The issue is not one of conflict between civil and shariah laws. Instead, it is a question of determining the jurisdictions of the federal and state governments — as set out in the Federal Constitution,” he said.

Baru said the 18 and 20-point agreements among Sarawak, North Borneo (Sabah) and the Federation of Malaya to form Malaysia, stated that no amendment, modification or withdrawal of any special safeguards granted to Sabah or Sarawak should be made by the federal government without the positive concurrence of the respective state governments, while the people of these states retained the exclusive power to amend their state constitutions.

“Therefore, the power to amend the Sarawak constitution or the Federal Constitution, insofar as the changes affect the rights of Sarawak, belongs exclusively to the people of Sarawak,” he said.

Baru said the swing to Islamist parties in certain peninsular states was proving right the fears of the country’s forefathers. Any elevation of shariah law to be on par with civil law would “shake” the foundation of Malaysia, from a Bornean perspective, he added.

“The Madani government should have as much concern for the people of the Borneo states as it appears to have for the people of the increasingly Islamist states,” he said. - FMT