'Stop talk on forming Syariah Federal Court'

MIC Youth has urged the government to stop any discussion to set up a Syariah Federal Court, saying this will require legal amendments that will alter the secular nature of the Federal Constitution.

After DAP berated BN parties for remaining silent on the cabinet discussion to set up a Syariah Federal Court. MIC Youth has broken its silence saying it will alter the secular nature of the federal constitution.

MIC Youth chief Sivarraajh Chandran urged the government to stop any discussion on the matter as it is improper to impose "God’s law" over secular law, because “human beings cannot act in the name of God”.

“It is manifestly clear in the federal constitution that Islamic law is limited to state enactments and that they have no federal jurisdiction,” Sivarraajh  said in a statement today.

To push through with the legal amendments, Sivarraajh said, at the very least a referendum should be held to see whether people really want a Syariah Federal Court.

Sivarraajh was responding to a Berita Harian report that quoted Minister in the Prime Minister’s Department Jamil Khir Baharom as saying that a proposal for five-tier Syariah court system is being discussed, including by the Council of Rulers.

This includes a Syariah Appeal Council or a Syariah Federal Court, which would have similar powers with the civil Federal Court.

Yesterday DAP supremo Lim Kit Siang slammed MCA and Gerakan ministers for not objecting to plans that were purportedly discussed during the cabinet meeting last Friday.

Instead of objecting during the cabinet meeting, Lim said, the BN parties would relegate the job to their lower rung leaders to raise at Parliament.

Sivarraajh Chandran

'Syariah has limits'

Sivarraajh pointed out that under the constitution, states have the power to legislate about 20 areas related to Islamic law and personal law, but subject to limitations.

“Although Article 3(1) (of the Federal Constitution) provides that ‘Islam is the religion of the federation’, Article 3(4) says ‘Nothing in this Article derogates from any other provision of this constitution’...

“This means that Article 3(1) does not override any other provision of the constitution, including the many fundamental rights in Article 5 to 13,” Sivarraajh said.

Articles 5 to 13 refer to the constitution’s provisions for, among others, the right to life and liberty, equality before the law, freedom of movement, freedom of speech, and freedom of religion. -M'kini