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Friday, December 12, 2014

WHY IS NAJIB ACTING AGAINST CONSTITUTION? Shariah equivalent to Federal Court to be implemented soon - Jamil Khir

WHY IS NAJIB ACTING AGAINST CONSTITUTION? Shariah equivalent to Federal Court to be implemented soon - Jamil Khir
KUALA LUMPUR - A controversial plan by Putrajaya to elevate the Shariah courts to be on par with the Federal Court is reaching its conclusion after all states agreed to the upgrade, Datuk Seri Jamil Khir Baharom said today.
The minister in charge of Islamic affairs added that studies were ongoing to prevent loopholes in the plans to broaden the authority of the Shariah courts, according to national news agency Bernama today.
“The status of the plan now is resolving the technical issues before being tabled for consent by the Conference of Rulers and also in Parliament,” he was quoted as saying by Bernama after opening the Syariah Criminal Law Convention today.
Putrajaya is planning to upgrade the current three-tier Shariah judiciary system with a five-tier system, with the highest court being a Shariah Appeal Council.
Besides the Council, the other four tiers in the new proposed system would be the Shariah Lower Court, Shariah Middle Court, Shariah High Court, and an individual Shariah Court of Appeal for each state.
The current three-tier system includes the Shariah Subordinate Court, Shariah High Court, and the Shariah Court of Appeal.
Jamil Khir previously said the government is waiting for the Malay rulers’ consent to set up two more Shariah courts to give them the same powers as the civil Federal Court, Malaysia’s highest court.
Jamil Khir
Muslim groups are increasingly pressing Putrajaya to expand the powers of the Shariah system to prevent legal challenges being mounted against Islamic law.
Among others, Bar Council constitutional law committee chair Firdaus Husni has said that the Federal Constitution does not permit for a Shariah equivalent of the Federal Court, stressing that Islamic courts are only on level with the civil subordinate courts.
Malaysia practises a dual-track legal system, with secular civil courts that apply universally and a Shariah version that only binds and acknowledges Muslims.
Although technically distinct, the parallel legal systems have led to jurisdictional conflicts between the civil and Shariah courts, most notably in interfaith disputes.
Lawyers have already expressed concern about the gradual invasion of Shariah law into areas beyond Muslim family matters, a jurisdiction that Islamic courts were not meant to overstep. - Malay Mail

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