Civil court decisions jeopardising Muslims’ faith, says Perkasa
The civil courts' ability to override decisions made by the Shariah courts could jeopardise the faith of Muslims, Malay right-wing group Perkasa said today.
"The civil courts cannot override their (Shariah courts’) decisions, later we (Muslims) can become unbelievers and bad Muslims," Perkasa president Datuk Ibrahim Ali told reporters after attending a National Unity Convention in Kampung Baru today.
He expressed concern that a civil court could turn against Islamic teachings when coming to a decision.
Ibrahim's statement comes after the Court of Appeal on November 7 ruled in favour of three Muslim transgender men who were convicted of cross-dressing under Negri Sembilan's Shariah Criminal enactment.
The Court of Appeal declared unconstitutional a provision in the state Islamic enactment which made it an offence for Muslim males to dress and behave as women.
A three-man bench led by Datuk Mohd Hishamuddin Mohd Yunus said Section 66 of the Shariah Criminal Enactment violated articles in the Federal Constitution on the freedom of expression and movement and the right to live with dignity and equality.
Ibrahim said today that he supported the establishment of a Federal Shariah Court that would have the same powers as the Federal Court, adding that it was in line with Islam's laws and beliefs.
"I believe it is appropriate and right for the Shariah Court to be equal to the Federal Court.
"It involves Islamic laws and our (Muslims') beliefs as mentioned in the Quran," he said.
Ibrahim added that the Quran should not be questioned by any court, including the civil court.
“So the civil courts cannot simply overrule whatever is mentioned in the Quran,” he said.
He added that Shariah courts would become pointless if their decisions continued to be superseded by the civil courts.
“If the civil courts can override the Shariah courts, then we might as well abolish the Shariah courts. We don’t need Shariah courts any more if their decisions can be set aside,” said Ibrahim.
When told that the establishment of a Shariah Federal Court may violate the Federal Constitution, Ibrahim said Islam was the federal religion practised by the majority.
“We must remember that Islam is the federal religion. The majority of the rakyat in this country are Muslims and the power over the rights of Islam is wielded by the King and the royal institution.”
The Shariah courts have three tiers, beginning with the lower court, High Court and Appeals Court.
Minister in the Prime Minister’s Department Datuk Seri Jamil Khir Baharom recently said that Putrajaya was looking at setting up a Federal Shariah Court that had the same powers as the civil Federal Court.
Jamil, who is in charge of Islamic affairs, was reported as saying in Malay daily Berita Harian that discussions on the matter with state religions councils had been ongoing for two years.
However, lawyers have said this would not be possible as the Federal Constitution does not provide for it.
They warned that any attempt to establish an apex religious court would mean the removal of some of the basic pillars of the Malaysian constitution. – November 21, 2014.
