A group of 25 influential Malay Malaysians has posted an open letter calling for the Federal Government to honour the spirit of the Constitution and review what they call the overreach of the country’s Shariah laws.
The group, mainly comprised of retired high-ranking civil servants, spoke out against the unresolved disputes on the status and application of Islamic laws in the country, which has lead to a “serious breakdown” of the division of powers between the Federal judiciary and state governments.
The 25 signatories included several former secretaries-general of the most powerful ministries, including Tan Sri Abdul Rahim Din (Home Ministry), Tan Sri Ahmad Kamil Jaafar (Foreign Ministry), and Tan Sri Dr Aris Othman (Finance Ministry).
“We refer specifically to the current situation where religious bodies seem to be asserting authority beyond their jurisdiction; where issuance of various fatwa violate the Federal Constitution and breach the democratic and consultative process of shura,” the group stated in its letter, e-mailed to the press last night.
“Where the rise of supremacist NGOs accusing dissenting voices of being anti-Islam, anti-monarchy and anti-Malay has made attempts at rational discussion and conflict resolution difficult; and most importantly, where the use of the Sedition Act hangs as a constant threat to silence anyone with a contrary opinion,” it added, as quoted by The Malay Mail Online.
“These developments undermine Malaysia’s commitment to democratic principles and rule of law, breed intolerance and bigotry, and have heightened anxieties over national peace and stability.”
The group also expressed its dismay at Prime Minister Najib Razak’s inability or refusal to deal with the current overlap between civil and Shariah laws, which was decided by the Cabinet in 1999 as an issue in need of attention.
“These laws which turn all manner of ‘sins’ into crimes against the state have led to confusion and dispute in both substance and implementation,” the group said.
“They are in conflict with Islamic legal principles and constitute a violation of fundamental liberties and state intrusion into the private lives of citizens.”
“The Federal Constitution is the supreme law of the land and any law enacted, including Islamic laws, cannot violate the Constitution, in particular the provisions on fundamental liberties, federal-state division of powers and legislative procedures,” it insisted.
“The Islamic laws of Malaysia are drafted by the Executive arm of government and enacted in the Legislative bodies by human beings. Their source may be divine, but the enacted laws are not divine.
“They are human made and therefore fallible, open to debate and challenge to ensure that justice is upheld,” the group said.
“These issues may seem complex to many, but at the end of the day, it really boils down to this: as Muslims, we want Islamic law, even more than civil law, to meet the highest standards of justice precisely because it claims to reflect divine justice.
“Therefore, those who act in the name of Islam through the administration of Islamic law must bear the responsibility of demonstrating that justice is done, and is seen to be done,” it added.
