KUALA LUMPUR – Former law minister Datuk Zaid Ibrahim has criticised Umno for its party leaders’ reaction towards the Federal Court’s ruling in a petition challenging the constitutionality of provisions under Kelantan’s shariah law.
Zaid, a former Umno lawmaker, asserted that it is “madness” for the Barisan Nasional (BN) linchpin to supposedly seek constitutional amendments to empower shariah laws, pointing to a recent statement by party deputy president Datuk Seri Mohamad Hasan.
“What’s the (Umno) deputy president saying when he wants Jakim (Islamic Development Department) to examine constitutional amendments (to empower shariah laws)?” Zaid questioned in a posting on X (formerly Twitter).
“Before Nik Elin’s case, didn’t these Umno leaders know that since 1957, we are not a theocracy, but a civil law country? That means not every law should be in the books; civil laws are the primary source of laws in governing this country.
“The shariah system is for personal laws, but the general body of laws is not religious laws. Didn’t they (Umno) know? They must be sleepwalking then,” he added.
On February 9, a nine-member Federal Court bench delivered an 8-1 majority decision in favour of a petition brought by lawyer Nik Elin Zurina Nik Abdul Rashid and daughter Tengku Yasmin Natasha Tengku Abdul Rahman to nullify criminal provisions under Kelantan shariah law.
The panel, chaired by Chief Justice Tun Tengku Maimun Tuan Mat, struck out 16 of the 18 provisions named by the duo in their legal bid and ruled that the state assembly had no power to enact the 16 provisions, as the offences in question fell within the purview of federal law.
Subsequently, Mohamad, who is also foreign minister, said that the government would task Jakim, the religious affairs minister, law minister, and relevant stakeholders to assess the necessity of amendments to the federal constitution to strengthen shariah laws.
However, he also said that the apex court’s ruling on Nik Elin’s case was not an Islamic issue or an attack against the shariah courts as it instead involved technical challenges on the enactment of shariah law in Kelantan.
Meanwhile, Zaid also claimed that the reaction of Malay politicians to the case has highlighted how little they think about the nation’s future, alleging that the reactions have been “emotional and not grounded in reality.”
“They (Malay politicians) seem unable and unwilling to explain to the people that the choice is either we are a democracy governed by one set of general laws like most countries are, or we are an Afghanistan-Iranian-type theocracy.
“If they want to keep Malaysia as it is, like other countries in the world, then they should defend the court’s decision,” Zaid said.
The prominent lawyer also warned against “tampering” with the constitution, cautioning that dividing the nation into two legal systems will disadvantage future generations and incur serious ramifications for the country.
“Your leaders will tell you (that) you need more religious laws. But, tell them the shariah laws we have now are not adequately implemented.
“Why (does it) take many years to get a divorce? Why can’t alimony and maintenance payments be speedily enforced? Why the backlog of cases in most shariah courts? Why is there no uniformity of laws between the states? Answer, please,” he pressed.
He also said that some leaders who “want the country to be divided” have taken the easy route by telling the public they need to have religious laws instead of putting in the work to provide good education and economic power.
“When the system breaks down, you will lose more than the non-Muslims. Your economic rights, freedom, education and culture will suffer because you are not free anymore.
“Criminal laws will engulf you because they don’t like your morals. Your life will be different and Malaysia will be unrecognisable,” Zaid said, suggesting that Muslim leaders are busy trying to dismantle the legal system instead of “improving and catching up” with non-Muslims.
“Tell your leaders there are more urgent things to do for the Muslim community,” he added. – February 12, 2024