KUALA LUMPUR, March 28 — The English Common Law that shaped Malaysian civil law is far from antiquated contrary to former chief justice Tun Ahmad Fairuz Abdul Halim’s claim, the incumbent Tun Arifin Zakaria said.
The country’s top judge said civil law is still relevant today with regards to the interpretations of the Federal Constitution and has evolved with the times.
“The Civil Law Act allows us to use English Common Law, if it can change there, so can it here,” Arifin said in an interview with several news outlets yesterday.
“It is inaccurate to say that there is no change, that is proven through the ruling in courts. It is not necessary to follow everything from England.”
The Kelantan-born judge said the science, research and theories of laws change according to the times, and depends on each situation.
Arifin also added that the Parliament is also responsible in drafting laws, and for the judges to interpret.
Arifin’s remarks were reported after Ahmad Fairuz controversially proposed in a lecture organised by Muslim lawyer groups last Saturday, that Shariah laws replace English Common Law in the country’s civil law instead.
Ahmad Fairuz has repeatedly raised the idea since 2007, comparing it to Sections 3 and 5 of the Civil Law Act that permit judges to import English Common Law to fill in the country’s judiciary gaps.
Arifin also insisted that the importance of the universal fundamental human rights, although he warned against adopting freedoms as it is practised in Europe wholesale as Malaysians are still bound to Islamic regulations and local customs.
“What happens in Europe, we cannot just follow here. I am not saying what specifically, but we have to adjust to the local situation,” Arifin said.
Starting his service in legal and judiciary sector since 1974, Arifin will retire end of this month after his five-year tenure was extended by six months.
Arifin, 66, had said in January that a successor to replace him has already been identified.
He had held a variety of positions in the courts, becoming a High Court judge in 1994 before going on to be a judge in the Court of Appeal and Federal Court in 2002 and 2005 respectively.
Prior to becoming Chief Justice, Arifin was Chief Judge of the High Court of Malaya in 2008.
Speaking in the interview, Arifin said he still wishes to continue serving the legal fraternity even after retirement, perhaps as a legal consultant.
“We have to work stay active so our minds can grow … I need to stay active, I think it is important to stay active, or our mental capacity will shrink,” he was quoted saying.
