Legal Issues

Judicial review power for Selangor Shariah High Court ‘unconstitutional’

Free Malaysia Today 21 Feb 2022

PUTRAJAYA: A nine-member bench of the Federal Court today unanimously declared that it is unconstitutional for the Selangor legislative assembly to pass a provision to confer judicial review power to the Shariah High Court in the state.

Chief Justice Tengku Maimun Tuan Mat said Section 66A of the Administration of the Religion of Islam (State of Selangor) Enactment 2003, as it stands, is also unconstitutional.

“I find Section 66A, as it stands, is unconstitutional and void as it is a provision the legislative assembly has no power to make,” she said of the unanimous ruling.

As such, she said, the petition filed by SIS Forum Malaysia is allowed and the declaration is granted, pursuant to the Courts of Judicature Act.

SIS filed the application in the Federal Court on Jan 21, 2020 after the High Court in Kuala Lumpur dismissed its judicial review application against the Selangor religious authority’s fatwa labelling the group “deviant”. Continue reading “Judicial review power for Selangor Shariah High Court ‘unconstitutional’”

Federal Court Rules Against Unilateral Conversion of Children into Islam

Mais loses final appeal to restore five kids’ unilateral conversion to Islam, Federal Court upholds Indira decision where both parents’ consent needed

Kuala Lumpur 26 Jan 2022

The Selangor Islamic Religious Council (Mais) today failed in its final court bid to reinstate the 2015 conversion of five young children to Islam when they were aged in the range of around three and nine years old.

A three-judge panel in the country’s highest court chaired by Chief Justice Tun Tengku Maimun Tuan Mat unanimously ruled in favour of the mother and dismissed the application for leave to appeal filed by both the Mais chairman and the Mais registrar of muallaf or Muslim converts.

In reading out the decision, Tengku Maimun pointed out that Section 117 of the Administration of the Religion of Islam (Selangor) enactment clearly stated that both the mother and the father must agree to their children’s conversion.

“This is our unanimous decision. The application does not meet the threshold of Section 96 of the Courts of Judicature Act for leave to be granted.

“The issue before us has been settled by the decision of this court in M. Indira Gandhi’s case. The courts below were therefore correct in following Indira Gandhi.

“Further the provision of Section 117 of the enactment is very clear that a person who is not Muslim may convert to the religion of Islam if he is of sound mind and attain 18 years or if he has not attain, the mother and father must consent to the conversion.

“The application is therefore dismissed,” Tengku Maimun said.

The court also awarded RM30,000 as costs to the mother. Continue reading “Federal Court Rules Against Unilateral Conversion of Children into Islam”

Shariah Law has no Consequences on Non-Muslims? HUMBUG

Will you Walk into my Parlour? Said the Spider to the Fly PAS is exploiting its new-found powers in the Federal government to table a new bill on control and restrictions on the development of non-Muslim religions. A major element of PAS new legal initiative is the RU355 which was temporarily shelved in 2017 after … Continue reading “Shariah Law has no Consequences on Non-Muslims? HUMBUG”

Will you Walk into my Parlour? Said the Spider to the Fly

PAS is exploiting its new-found powers in the Federal government to table a new bill on control and restrictions on the development of non-Muslim religions. A major element of PAS new legal initiative is the RU355 which was temporarily shelved in 2017 after it met strong opposition from critics who argued that the bill would make Hudud which is a state-enacted law under the the Federal Constitution become Federal criminal law. As Federal law, Hudud will be applied to all citizens regardless of their religious affiliation. To be sure, Muslim politicians and justices have assured non-Muslims that they have nothing to fear, only to say in their next breath that Hudud must be applicable to both Muslims and non-Muslims. Anyone who accepts their facile assurances should remember the classic children poem, “The Spider and the Fly” by Mary Howitt (1829).

Will you walk into my parlour?” said the Spider to the Fly,
‘Tis the prettiest little parlour that ever you did spy;
The way into my parlour is up a winding stair,
And I’ve a many curious things to shew when you are there.”
Oh no, no,” said the little Fly, “to ask me is in vain,
For who goes up your winding stair can ne’er come down again.”

“I’m sure you must be weary, dear, with soaring up so high;
Will you rest upon my little bed?” said the Spider to the Fly.
“There are pretty curtains drawn around; the sheets are fine and thin,
And if you like to rest awhile, I’ll snugly tuck you in!”
Oh no, no,” said the little Fly, “for I’ve often heard it said,
They never, never wake again, who sleep upon your bed!”

[only 2 out of 7 stanzas reproduced here]

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[The materials below were first posted on 10 Feb 2017]

UMNO will be lending a helping hand to PAS to push a Bill through Parliament which would amend the Shariah Courts (Criminal Jurisdiction) Act 1965, also known as Act 355. The amendments would extend power to the Islamic courts to enforce heavier punishment for Islamic offences. PAS President Abdul Hadi Awang and UMNO leaders assure non-Muslims that the proposed amendments will not affect non-Muslims. Re: Hadi to Make More Amendments to Shariah Bill] [FMT 23 Nov 2016] Continue reading “Shariah Law has no Consequences on Non-Muslims? HUMBUG”

CFM Hudud Fact Sheet on Amendment to Act 355

Bad News Don’t Get Outdated: PAS Latest Attempt to Impose Shariah Law on non-Muslims with RUU355 Originally published on 4 March 2017 While the proposed amendments does not mention the word “hudud” nevertheless, the far-reaching provisions would permit the introduction of hudud law and hudud-prescribed punishments in Malaysia Excepts from CFM Fact Sheet on Hudud … Continue reading “CFM Hudud Fact Sheet on Amendment to Act 355”

Bad News Don’t Get Outdated: PAS Latest Attempt to Impose Shariah Law on non-Muslims with RUU355
Originally published on 4 March 2017

While the proposed amendments does not mention the word “hudud” nevertheless, the far-reaching provisions would permit the introduction of hudud law and hudud-prescribed punishments in Malaysia

Excepts from CFM Fact Sheet on Hudud Amendmenet Act 355:

7. The current proposed amendments deal only with the increase in the existing punishments. It is proposed that the current maximum sentences of imprisonment for a period not exceeding 3 years, a fine not exceeding RM 5,000, or not more than 6 strokes of the cane, or a combination thereof, be increased to imprisonment for a period not exceeding 30 years, a fine not exceeding RM100,000, or not more than 100 strokes of the cane, or a combination thereof.

8. “It is clear that while the proposed amendments to Act 355 again do not mention the word “hudud”, the fact is that the increase in the maximum punishments will allow for hudud-compliant punishments to be meted out. Continue reading “CFM Hudud Fact Sheet on Amendment to Act 355”

High Court Quashes Govt’s 1986 Ban on ‘Allah’ Use by Christians,

High Court quashes govt’s 1986 ban on ‘Allah’ use by Christians, affirms Sarawakian Bumiputera’s right to religion and non-discrimination

10 March 2021 by Ida Lim

KUALA LUMPUR, March 10 ― The High Court today ruled that the Malaysian government’s directive issued in 1986 with a total ban on the use of the word “Allah” in Christian publications is unconstitutional and invalid, and also declared orders to affirm Sarawakian Bumiputera Christian Jill Ireland Lawrence Bill’s right to not be discriminated against and practise her faith.

Justice Datuk Nor Bee Ariffin, who has since been elevated to be a Court of Appeal judge, granted three of the specific constitutional reliefs sought by the Sarawakian native of the Melanau tribe.

The three orders granted by the judge include a declaration that it is Jill Ireland’s constitutional right under the Federal Constitution’s Article 3, 8, 11 and 12 to import the publications in exercise of her rights to practise religion and right to education.

The other two declarations granted by the judge today are that a declaration under Article 8 that Jill Ireland is guaranteed equality of all persons before the law and is protected from discrimination against citizens on the grounds of religion in the administration of the law ― specifically the Printing Presses and Publications Act 1984 and Customs Act 1967), and a declaration that government directive issued by the Home Ministry’s publication control’s division via a circular dated December 5, 1986 is unlawful and unconstitutional.

The order today means that the government’s long-standing absolute ban in the 1986 circular on the use of the word “Allah” in Christian publications in Malaysia has been declared invalid by the court. Continue reading “High Court Quashes Govt’s 1986 Ban on ‘Allah’ Use by Christians,”

Christian Use of Allah Historically Legitimate, Linguistically & Theologically Well-Founded – High Court Expert Report

The dispute between the Sabah-Sarawak churches and the government over the rights of Christians to use the “Allah” word in the Bahasa Malaysia Bible (Alkitab) has lasted more than 10 years. The Malaysian church leaders continue to reach out to government officials to find an amicable solution even as they await the judgment of the court in two cases where Sarawak and Sabah Christians sued the government for their right to use the word in the Alkitab.

The dispute has lasted so long that it no longer garners attention as front-page news. Not surprisingly, many young Christian leaders today fail to understand the fundamental concerns that compelled the church leaders to bring the dispute to court – the dispute over the “Allah” word would not have arisen if the Malaysian authorities acknowledge the undeniable historical fact that Christians in Malaysia who use the word are merely following the honorable tradition of Arabic Christians who have been using the word for centuries long before the advent of Islam. By prohibiting Christians from addressing their God as “Allah”, the Malaysian authorities are violating common sense and human courtesy.

Young Christian leaders will gain a full understanding of the right of Christians to use the “Allah” word after reading the Expert Report shared in this post. Such an understand is vital so that they will continue defend with firm conviction the right of Malaysian Christians to use “Allah” word in the Alkitab since the usage is historically legitimate, linguistically and theologically well-founded. Continue reading “Christian Use of Allah Historically Legitimate, Linguistically & Theologically Well-Founded – High Court Expert Report”