Shariah

Federal Court Rules Kelantan Shariah Criminal Enactment as Unconstitutional

CJ says challenged provisions under Kelantan Shariah criminal enactment mandated by state not Allah, cannot be construed as act against God

Malaymail Online By Kenneth Tee
Friday, 09 Feb 2024 1:38 PM MYT

PUTRAJAYA, Feb 9 — The country’s top judge said today a constitutional challenge brought by two Muslim women to nullify 18 provisions under the Kelantan Shariah criminal enactment cannot be construed as blasphemy since the laws had been mandated by the state legislative assembly and not Allah.

Earlier, the Federal Court in a majority verdict of 8-1 struck down 16 out of 18 provisions under the Kelantan Shariah criminal enactment as unconstitutional, ruling that the Kelantan State Legislature does not have the power to enact laws on said offences because there are federal laws covering the same. Continue reading “Federal Court Rules Kelantan Shariah Criminal Enactment as Unconstitutional”

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”

Apart from Allah, why is the word “Tuhan” exclusive for Muslims too?

Apart from Allah, why is the word “Tuhan” exclusive for Muslims too?
By Uthaya Sankar in Focus Malaysia 17 April 2021

While reading Meredah Kabus (2021), an anthology of Bahasa Malaysia short stories published by Dewan Bahasa dan Pustaka (DBP), Uthaya Sankar notices that “every time a non-Malay (non-Muslim) mentions “Tuhan” (God), it is printed as “tuhan” (god).”

Continue reading “Apart from Allah, why is the word “Tuhan” exclusive for Muslims too?”

Prominent Sabah-Sarawak Leaders Reject Hadi’s Bill

Sabah and Sarawak leaders: Reject Hadi’s Bill – The Star Online 8 May 2017 Prominent leaders in Sabah and Sarawak have refuted claims that amendments to the Syariah Courts (Criminal Jurisdiction) Act, or RUU355, will not affect non-Malays and Muslims in the two states. Writing in an open letter, they urged the people to preserve … Continue reading “Prominent Sabah-Sarawak Leaders Reject Hadi’s Bill”

Sabah and Sarawak leaders: Reject Hadi’s Bill – The Star Online 8 May 2017

Prominent leaders in Sabah and Sarawak have refuted claims that amendments to the Syariah Courts (Criminal Jurisdiction) Act, or RUU355, will not affect non-Malays and Muslims in the two states.

Writing in an open letter, they urged the people to preserve the country as a secular state and to reject Datuk Seri Abdul Hadi Awang’s Private Member’s Bill to amend RUU355. The letter, signed by 20 leaders including politicians, former civil servants and the G25 group of eminent Malays, was made available in four languages – English, Malay, Kadazandusun and Iban.

Malaysia, they said, was founded together with Sabah and Sarawak as a secular federation, in which Islam as the “religion of the federation” only played a ceremonial role.
“Lest we forget, religious freedom was stressed and assured in the merger negotiations of Malaysia. Hudud punishments were never placed on the agenda. “Had hudud punishments been on the cards, the Malaysia project would have likely been rejected by the peoples of Sabah and Sarawak,” they added.

Introducing hudud, they warned, would breach both the Malaysia Agreement 1963 and the Federal Constitution…“Together with the disproportionality of the offences and punishments, the introduction of these three hudud punishments (in Kelantan and Terengganu) will qualitatively alter the secular nature of the legal system,” they said. Sabahan and Sarawakian Muslims working and living in Peninsular Malaysia would also be subjected to hudud, they added…

“For Malaysia’s sake and to preserve our country as a secular federation, we must say no to Bill 355,” they said.

FULL STATEMENT GIVEN BELOW:

Continue reading “Prominent Sabah-Sarawak Leaders Reject Hadi’s Bill”

Black Magic and Beauty Contest. Shariah will be Applied to non-Muslims. No Thanks!

Non-Muslims Decline Invitation to Have Tea in Shariah Parlour “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, … Continue reading “Black Magic and Beauty Contest. Shariah will be Applied to non-Muslims. No Thanks!”

Non-Muslims Decline Invitation to Have Tea in Shariah Parlour

“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.”

PAS and UMNO politicians are quick to reprimand non-Muslims for refusing to support their proposal to amend Act 355, despite being given assurances that the Act will not affect non-Muslims. These politicians ignore the fact that non-Muslims have good reasons to be wary of enhanced shariah courts since their freedom has been violated many times by Shariah officials. See Shariah Law has no Consequences on Non-Muslims? HUMBUG (HAM-BAK)!

Non-Muslims are eminently reasonable when they argue they should have a genuine say in drafting laws that impact their lives, and that it is the civil court rather than the shariah court that should be enhanced since only the civil court can provide a fair and natural platform to ensure equal protection under the law for citizens from diverse religions seeking to forge a common life in a plural society.

Non-Muslims remain wary of Muslim legislators who have demonstrated that they are prepared to act unilaterally as they press ahead with Shariah-complaint laws with a view of imposing them on non-Muslims. Given below are two further examples of disturbing rhetoric from Muslim legislators who insist that Shariah law should be applied to non-Muslims. This rhetoric can only heighten the anxieties of non-Muslims.

Note that the proposed law to abolish black magic will be applied to non-Muslims. More disturbing is the proposal that the special body of Islamic experts advising (supervising?) the court are exempted from cross examination, and that its judgment in a trial will be accepted by the court as conclusive. Continue reading “Black Magic and Beauty Contest. Shariah will be Applied to non-Muslims. No Thanks!”

MCCBCHST OPEN LETTER TO MPs TO VOTE AGAINST HADI’S HUDUD BILL

RELATED POST: Shariah Law has no Consequences on Non-Muslims? HUMBUG RELATED POST: MCCBCHST: WE REJECT THE PRIVATE MEMBERS BILL ON HUDUD ** Note to the reader. There will be some amendments to Hadi’s bill as it goes through the various readings in Parliament. Supporters of Hadi’s bill will then claim that the statement of MCCBCHST’s … Continue reading “MCCBCHST OPEN LETTER TO MPs TO VOTE AGAINST HADI’S HUDUD BILL”

** Note to the reader. There will be some amendments to Hadi’s bill as it goes through the various readings in Parliament. Supporters of Hadi’s bill will then claim that the statement of MCCBCHST’s is no longer relevant. We disagree!

In any case, the statement is shared as documentation about the baseline or ultimate goal of the Islamic Hudud agenda which will be “implemented in phases”. The statement also reminds us the hudud context even as the next stage will be on explaining why the bill with the new amendments is still unacceptable.

** Call your MPs to make sure they vote against Hadi’s Bill (UMNO Assisted).

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The Malaysian Counsultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taosim (MCCBCHST) is gravely concerned with Hadi’s Private Members Bill which will be coming up for debate soon in our Federal Parliament. As the Bill will have far –reaching consequences for the Nation, the MCCBCHST feels duty bound to issue this open letter to Members of Parliament to do their duty as required by their oath of office to protect our Federal Constitution.

Excerpts from the 8-page MCCBCHST Open Letter to MPs
I. Is HADI’s Private Member’s Bill a Bill empowering HUDUD offences?
The answer is a clear ‘YES”. Here it is why…

The AIM of HADI’s Private Member’s Bill is to seek Parliament’s approval to enhance the Jurisdiction of the SYARIAH COURTS…

The proposed new Section 2A is very wide and states that Syariah Courts can impose punishments which are allowed by Syariah Law in relation to punishments which are listed under the above Section, other than the death penalty. Continue reading “MCCBCHST OPEN LETTER TO MPs TO VOTE AGAINST HADI’S HUDUD BILL”

The Federal Constitution, Islamisation and the Malaysian Legal Order

Related Post, Highly Recommended: Interfaith Council Urges MPs to Vote Against Hadi’s Upgrade Shariah Courts Bill by Guest Writer Mr. Lim Heng Seng. [The policy introduced by the Mahathir administration in the early 1980s, innocuously promoting Islamic universal values, became a platform for certain quarters to embark on a drive to change the fundamental … Continue reading “The Federal Constitution, Islamisation and the Malaysian Legal Order”

by Guest Writer Mr. Lim Heng Seng.

[The policy introduced by the Mahathir administration in the early 1980s, innocuously promoting Islamic universal values, became a platform for certain quarters to embark on a drive to change the fundamental character of the Malaysia polity and its legal order.

Will Malaysia end up as an Islamic or quasi-Islamic state by the gradual and subtle re-writing of her foundational document, the Federal Constitution? Or will she retain her character as an essentially secular nation?

These developments in Islamisation threaten to subvert the very foundation on which we, the citizens, and the territorial components of Peninsular Malaysia, Sabah and Sarawak have held together as one nation.]

Continue reading “The Federal Constitution, Islamisation and the Malaysian Legal Order”