KUALA LUMPUR, Dec 26 -- When our founding fathers provided for Islamic laws to be used for Muslims in family matters and inheritance instead of one uniform set of laws for all citizens, little did they imagine that it would result in a deep wedge between the country’s demographic.
In 2014, the complexities of Malaysia’s parallel civil and Shariah courts loomed large when the clashing jurisdictions left secular federal agencies paralysed in conflict.
Think just because you are a non-Muslim, you would not be affected by Islamic laws? Think again.
This was palpably demonstrated in two child custody tussles involving non-Muslims -- both of Indian ethnicities -- that should have been settled in the civil courts, but were brought to the Shariah courts instead after the fathers embraced Islam and unilaterally converted the children without the mothers’ knowledge.
Islamic authorities are also becoming bolder in enforcing their laws on non-Muslims’ worship, effecting seizures of Bibles from Christian groups as well as acting against individuals and events deemed to be against Islamic teachings.
The year proved to be an exciting one as some Malaysians fought back by challenging the actions taken by state religious councils and authorities that allegedly infringe on the basic freedoms and civil liberties which are enshrined in the Federal Constitution.
In many cases above, the Federal Constitution stands as the last bastion that guarantees the rights of the citizens, and yet it is being interpreted differently by both sides as the religious authorities claim that Article 3 awards Islamic laws impunity to overstep constitutional boundaries.
Understandably, these judicial reviews have since left Datuk Seri Jamil Khir Baharom, the minister in charge of religious affairs, fuming and accusing rights groups of colluding with the still unnamed enemies of Islam to put its religious institutions on trial in a secular court.
Seeing a “serious breakdown” of the division of powers between the federal authority and the states, a group of 25 former high-ranking Malay civil servants penned an open letter to Prime Minister Datuk Seri Najib Razak to review Shariah laws and assert the supremacy of the Federal Constitution over Islamic state laws in the country.
The year ended with a flurry of open letters and petitions from those inspired by the 25, which analysts said signals a better future for the country. Will the good vibes continue in 2015?
For more on Malaysia’s dual-track legal system:
Hindu mum Indira fails court bid to recover daughter from Muslim convert ex-husband
Appeals Court upholds Negri Sembilan Hindu mum’s custody of children
Selangor returns seized bibles to Christian group
Johor police return seized ‘Allah’ hymn books, priest says case settled
Court cases expose Malaysia’s Muslim fissures, schism in judicial system
Watershed for Muslim transgenders as court rules anti-crossdressing Shariah law unconstitutional
SIS gets nod to contest fatwa ban
Can state Islamic authorities decide what you can’t read?
Kassim Ahmad files for judicial review against Jamil Khir, religious body
Review Shariah laws, assert supremacy of Constitution, Putrajaya told
