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Sunday, March 26, 2017

Ex-CJ favours Islamic law over common law, elates PAS



PAS deputy president Tuan Ibrahim Tuan Man has lauded former chief justice Ahmad Fairuz Abdul Halim's for suggesting that "antique" English common law be replaced with Islamic law.
"PAS holds Ahmad Fauriz's opinion to high regard. The reality is law is meant to resolve disputes and deter wrongdoing and crime.
"If we have realised that the current law failed to achieve this objectives, should we continue on with it?
"At a time when man-made laws have failed to build a harmonious society, shouldn't we give Allah's system a chance for the good of mankind?" he said in a statement today.
Tuan Ibrahim accused the West of sowing fear against Islam.
"Any efforts to introduce Islamic system is viewed with suspicion and is considered as part of the Islamisation movement that needs to be combated."
Tuan Ibrahim was referring to Ahmad Fairuz's speech at a conference yesterday, where the latter expressed his support for PAS' proposed amendments to the Syariah Courts (Criminal Jurisdiction) Act 1965.
He also claimed that any law that is inconsistent with Islam was unconstitutional as Article 3 the federal constitution states that Islam is the religion of the federation.
'Without legal basis'
Meanwhile, Sarawak PKR chief Baru Bian said Ahmad Fairuz's assertion was without legal basis.
"As an ex-chief justice, he should know that Malaysia was formed to be a secular country and remains a secular country.
"Article 3 of the Federal Constitution does not import the meaning that Shariah is the supreme law of Malaysia but on the contrary there is strong legal and academic opinion that Malaysia is in fact a secular country.
"This is recognized by the Supreme Court in Che Omar bin Che Soh v Public Prosecutor [1988] 2 MLJ 55, and the ex-chief justice should be very aware of this case," said Baru, who is also a lawyer.
He also pointed out that Article 4 clearly states that the federal constitution is the supreme law of the federation and did not mention Islamic scriptures.
Furthermore, Baru said the founding father of Malaya, and later Malaysia, clearly stated in Parliament that Malaysia was not an Islamic country, according to the Hansard of May 1,1958.
"I would like to make it clear that this country is not an Islamic State as it is generally understood, we merely provided that Islam shall be the official religion of the state," he had said.

He added that this was reiterated by the Cobbold Commission and Malaya, Sabah, Sarawak and Singapore (which later exited), formed the Federation of Malaysia.
"It is indeed unfortunate that we have an ex-chief justice seemingly learned in the law yet making such a gross error in his interpretation of our constitution.
"Having had a much criticised and undistinguished tenure as chief justice and a royal commission of inquiry having concluded in 2008 that he was the judge engaged in conversation with VK Lingam over judicial fixing, Ahmad Fairuz should be the last person to advocate for the implementation of hudud law in Malaysia.- Mkini

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