Muslim lawmakers must support Shariah equivalent to Federal Court, Islamist group says

KUALA LUMPUR, Nov 19 — It is a religious obligation for Muslim lawmakers to support in Parliament any motion for the formation of a Shariah court equivalent to Federal Court, the highest civil court in the country, a Muslim group said today.

According to a council of religious scholars, or ulama, under Islamist group Ikatan Muslimin Malaysia (Isma), questioning the implementation of Islamic laws can lead to blasphemy as it “straddles the limit between faith and unbelief”.

“It is compulsory for all Muslim Dewan Rakyat members to support any motion involving the interests of Islam and its adherent including this if it is tabled soon,” said Isma Ulama Council (Muis) in a statement, referring to the lower house of the Parliament.

“It is also compulsory for all Muslim Dewan Rakyat members to reject any effort to contest the position of Islam in Malaysia.”

According to Muis, a Shariah court with such authority is needed to avoid rulings made in the Shariah system be challenged in a civil court.

“Muis supports fully the effort to enhance, strengthen and upgrade Shariah courts in Malaysia, and the effort to form a Shariah Federal Court with a same jurisdiction with the civil courts.

“The effort is a step towards empowering Islam, especially in the legal aspect in this country,” it said.

Muis also reminded non-Muslim lawmakers to respect Islam as the religion of federation as enshrined in Article 3(1) in the Federal Constitution.

“Islam has a special and unique position and this matter should be made aware and respected by every party,” said Muis.

“Any effort to question the position of Islam in Malaysia is really an effort to disturb the peace that we have long enjoyed.”

Last week, Malaysia’s foremost Islamic authority confirmed 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.

According to Malaysian Islamic Development Department (Jakim), the current three-tier Shariah judiciary system will be upgraded to 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.

Critics and lawyers have since lambasted the proposal, insisting that the Constitution does not allow the creation of Shariah court with such authority.

Shariah courts are set up under state laws, while civil courts ― the High Courts, Court of Appeal and Federal Court ― are established under the Federal Constitution.

The Court of Appeal released last week a written judgment saying that state Islamic laws cannot violate Malaysians’ fundamental freedoms that are protected in the Federal Constitution, as legislations contradicting the constitution are deemed void.

Malaysia practises a dual-track legal system, with secular civil courts that apply universally and a Shariah version that only binds and acknowledges Muslims.