KUALA LUMPUR, Nov 21 — Instead of creating a Shariah equivalent to the Federal Court, the local chapter of global hardline Islamist group Hizbut Tahrir called today for civil courts to be junked altogether, leaving Islamic laws as the law of the land for all Malaysians.

The group claimed that having a dual-track legal system in Malaysia is against Islamic teachings, and the civil legal system is not recognised by Islam as it is based on “infidelic” laws which are “clearly forbidden”.

“The suggestion for a Shariah Federal Court equivalent to the Federal Court seems good because it aims to elevate Shariah courts and judiciary in Malaysia. But if it is explored a bit, it will reveal its major flaw,” said the Malaysian chapter of Hizbut Tahrir in its weekly newsletter here.

The group also claimed that the current or proposed positions of Shariah courts itself does not abide by Islamic teachings, as the court’s punishments are limited to just three years prison, RM5,000 fine and not more than six lashings, according to the Syariah Courts (Criminal Jurisdiction) Act 1965.

Furthermore, Hizbut Tahrir complained that only some offences are considered “Shariah offences” while murder, theft, gambling and robbery are excluded from it.

Islamists in Malaysia have been lobbying to implement the Islamic penal code of hudud, which covers crimes such as theft, robbery, adultery, rape and sodomy. 

Under hudud, the punishments for the crimes are severe, including amputation, flogging and death by stoning.

“The Shariah courts also do not have jurisdiction on non-Muslims, whereas civil courts have jurisdiction on Muslims. Furthermore, Shariah courts themselves are subject to an unIslamic Constitution created by the infidel Lord Reid,” it claimed.

Lord Reid referred to Lord William Reid, the British appellate judge who lead an independent commission made of Commonwealth constitutional experts, that drafted the Constitution of the Federation of Malaya.

Hizbut Tahrir claimed that in Islam, a court may only have one qadhi, or judge, appointed by the caliph who will deliver a ruling on each trial, although other qadhis can aid him.

The qadhi’s judgment will then be forever binding and cannot be appealed or challenged in any other courts, unlike the Malaysian civil system with its Court of Appeal and Federal Court, the group said.

“What has to be done now is not to upgrade Shariah courts to equal civil courts, but to return to Islamic courts as shown by the scriptures, thus abolishing all infidelic laws and systems that dominate us today.

“And we should replace them with Islamic laws and systems that are solely based on Quran and Sunnah in the frame of an Islamic caliphate,” urged Hizbut Tahrir, referring to Islam’s holy book and the collected sayings of Prophet Muhammad.

The Malaysian Islamic Development Department confirmed last week a plan by Putrajaya to elevate Shariah courts to equal their civil counterparts, saying a working paper on the bid was presented as far back as 2011.

Islamist group Ikatan Muslimin Malaysia (Isma) had also proposed in October last year for Shariah laws to exclusively replace the country’s existing dual-track legal system, as it espoused a need for “Shariah supremacy” in Malaysia.

Isma alleged that the Malay lands had always practised Islamic laws ever since the Malaccan Sultanate, and but it was pushed aside by secular laws during the British rule.