Apalling!! My rights are taken away just like that! With the line of argument that Islamic law was here earlier than British Laws, the lawyers for government and both consenting Muslim judges forgot that our country .. Malaysia .. was build with the integrity and respect of the law of the day. If this set of law did not help us to come to our state yesterday, which set of law did? The Syariah law? Untill year 2000, the syariah law is on par with traditional courts of Sabah and Sarawak. And today, Syariah seemed to supercede our Constitution.
Islam has higher status in Malaysia
PUTRAJAYA: Islam has a higher status than other faiths in Malaysia, said a lawyer holding a watching brief for the Malaysian Muslim Lawyers Association.
Pawancheek Marican said Article 11 of the Constitution restricted propagation of other religions to Muslims.
“Our Constitution favours Islam. Islamic law is part of the law of our country,” he said.
Another lawyer, Zulkifli Nordin, who is holding a watching brief for the Muslim Youth Movement of Malaysia (ABIM), said there were rules for Muslims to follow before they could renounce Islam.
“These rules are the Quranic law and the sunnah,” he said.
And again, the argument that something earlier is better and correct. If that is so, i guess the Hindu and Buddhist law should be even earlier. Or the traditional coursts in Sabah /Sarawak should have the same weightage.
“We have to take into account that Islam was here from the 13th century. The Malay Sultanate became Muslim and, later, its people,” he said, adding that the system was interrupted with the intrusion of colonial powers.
“The law that was applied then was Islamic law and several centuries later, Malaysia became a fully Islamic country.”
He said everything about the Malays then was governed by Islam and Malay customs. On the other hand, British law was limited and based on Christianity.
“Unfortunately, the British were the stronger party and had their way on what should be Malay customs and Muslim law,” he said, questioning the need to conform to the British legal system after the country’s independence.
Sulaiman said the Malaysian Constitution was unique in that it had a special place for Islam.
He added, however, that Muslims could not declare their renunciation of Islam without the involvement of religious authorities because there would be Constitutional repercussions.
“For instance, one may declare himself a Muslim in the morning and by the evening he is not a Muslim. Or, he is a Muslim when it’s time for zakat and not a Muslim during the fasting month,” he said.
This prompted Chief Justice Ahmad Fairuz Sheikh Abdul Halim to ask: “Are you saying that a Buddhist can be a Buddhist in the morning and a Christian in the evening?”
Sulaiman answered there was nothing to stop anyone from doing so.
So, should there be something that stop people from doing so ? Either other religions have their own courts but fundamentally, stopping someone from doing the thing that they decide is already against the spirit of freedom. And in specific to religion, it is against article 11. CJ Ahmad is not wise enough to spot that.
He said several legal representatives of non-governmental organisations had, in their submissions last week, made attacks on the position of Islam.
“That is a total reversal of what the Government had set out to achieve,” he said.
The NGOs had supported the view of Justice Gopal Sri Ram, who gave his dissenting judgment in the Court of Appeal, that the NRD’s refusal to make the amendment in Lina’s identity card without an order or certificate from the Syariah Court was null and void.
I believe it is not attacks on Islam as the respect on the constitution requires it.The challenge is the arbitary changes that happens , deviating from the original intent of it. It is a defense against a system designed to do so. So, is Sulaiman admitting that the government has a hand in this?
Anyway, i believe this is the best 50th year Merdeka gift that all non- Muslims receive from our government. The court is not only leaking water this year.