MCA and Gerakan Ministers should explain why they have not raised any objection at Friday’s Cabinet meeting to the unconstitutional proposal to set up a Syariah Federal Court with the same powers as the civil Federal Court.
This unconstitutional move by the Minister in the Prime Minister’s Department, Datuk Seri Jamil Khir Baharom to have a parallel court system at the federal level
was reported on Thursday’s Berita Harian, and MCA and Gerakan Ministers – as well as other Cabinet members – were remiss in their constitutional oath and political responsibilities in failing to object to such a proposal at Friday’s Cabinet meeting and to demand that all Federal Government involvement in such an unconstitutional development be halted immediately.
Instead, the MCA and Gerakan Ministers have chosen to ask their lowly representatives who are neither in Parliament or any State Assembly to raise objections, knowing that such voices would be ignored completely – when the right and proper place for such objections to be raised is the Cabinet on Friday.
The establishment of a Syariah Federal Court with equivalent powers of the civil Federal Court goes against the very structure and foundation of the Merdeka Constitution of 1957 and Malaysia Constitution of 1963, stipulating that the Constitution is supreme and that any law, whether federal or state, primary or secondary, enacted before or after Merdeka, which infringes the Constitution is void.
Furthermore, it is the civil courts which have the power to review all legislation on the touchstone of constitutionality.
Although Article 3(1) 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” – which means that Article 3(1) does not override any other provisions of the Constitution, including the many fundamental rights in Articles 5 – 13.
It is the Constitution and not the syariah that is the litmus test of constitutionality.
State Assemblies have the power to legislate on 21 permitted areas of Islamic personal law and to create and punish offences against the precepts of Islam but subject to the limitations that they cannot try non-Muslims and state power over Islamic crimes does not cover matters in the federal list or dealt with by federal law. State power to punish Islamic crimes is regulated by a federal law on penalties: maximum six lashes, RM5,000 fine and three years jail.
#1 by Bigjoe on Sunday, 16 November 2014 - 4:31 pm
Actually its undestandable why MCA and Gerakan has not voiced anything given their pathetic state. The real issue is why have none of the BN parties minister in Sarawak and Sabah leader said anything either? It proves that the so called “solution” is no solution at all, the so called “different” of Sarawak and Sabah BN parties is completely fake.
In fact, the party that should stand up most should be PBB – if what they promise to their partners in BN in Sarawak is true, that they are different than UMNO in Sarawak, they should be the lead in objecting. Otherwise, its all just fake, biding their time until they have enough power in Sarawak just like the domination of UMNO Sabah in Sabah, then the pretense of so calle “difference” will be thrown out the door..
#2 by Noble House on Monday, 17 November 2014 - 3:09 am
Years of fondness for treats have turned those in the MCA and Gerakan into UMNO’s pet poodles. It’s a “damned if I do, and damned if I don’t” kind of situation they are in today. They have only themselves to blame.
#3 by Bunch of Suckers on Monday, 17 November 2014 - 7:03 am
Because they are sucky and slavery dogs, dudes!!!
#4 by undertaker888 on Monday, 17 November 2014 - 9:07 am
They want to be like ISIS without being like ISIS. That’s the whole point.
#5 by good coolie on Friday, 21 November 2014 - 2:21 pm
A second round of voting in the cards, boys! some Barisan politicians will vote for unnecessary constitutional amendments, and when the curry gets too hot, they will go to the PM with placards of protest. And the PM will shoo them off. What’s that about history repeating itself?