Federal Constitution Talk About Shariah Court In Sarawak
This was a direct result of the colonisation of Malaya Sarawak and North Borneo by Britain between the early 19th century to 1960s.
Federal constitution talk about shariah court in sarawak. Besides Syariah Courts there is a system of Native Courts in Sabah and Sarawak. 69 The Syariah courts are mere State courts and do not enjoy the same status and powers as the High Court. If we insist on a separate set of laws then anyone can demand for different laws.
At the end of the day we must respect the rule of law. Lina Joy from being legally recognised as a Christian and the effects of the ruling made by the Federal Court on her case are still. Zakat Fitrah and Baitulmal or similar Islamic religious revenue mosques or any Islamic public places of worship creation and punishment of offences by persons professing the religion of Islam against precepts of that religion except in regard to matters included in the Federal List.
Baru pointed out it was therefore misleading for the Umno president to say that there is a need to amend the Federal Constitution to strengthen syariah law because of these two court. KUCHING March 30 A senior Opposition figure today called on Sarawak and Sabah leaders to make a stand to reject any move by Umno to amend the Federal Constitution to make Shariah law the supreme law of the federation. The issue arising from the debate surrounding the Allah case and the Syariah Criminal Offences Selangor Enactment 1995 in fact relates to the supremacy of the Federal Constitution and the secular status of Malaysia.
Selangau MP Baru Bian said the ruling Gabungan Parti Sarawak GPS and. The legal implications and feasibility of integrating the Syariah courts into the federal judicial system through restoration of Article 121 of Federal Constitution Prior to 1988 Article 1211 of Federal Constitution provided as follows. The status of Syariah law is not the issue here as it has been in operation for many years.
This is what ultimately stopped that other famous Muslim-Christian convert case. The law of Malaysia is mainly based on the common law legal system. That is not the case.
He said for such cases in Sarawak it is the High Court that should have exercised its jurisdiction to allow the trios applications. The case involved the interpretation of the Sarawak Syariah Courts Ordinance 2001 which states that the Syariah High Court has criminal jurisdiction over offenses committed by Muslims that are prescribed in any written law as being against the precepts of the religion of Islam and civil jurisdiction in such matters as marriage and divorce maintenance legitimacy and guardianship of children. Joshua said the Sarawak Shariah Court Ordinance 2001 did not mention the issue of jurisdiction over apostasy and as such the religious court could not issue a certificate to convert out of Islam.
KUALA LUMPUR The Federal Court today unanimously declared that Section 28 of the Shariah Criminal Offences Selangor Enactment 1995 which criminalises unnatural sex is inconsistent with the federal constitution and is therefore void. And that is our Constitution. If this is the case that the UMNO president wants to amend the Federal Constitution to make Syariah law the supreme law of the federation all leaders of Sabah and Sarawak should make a stand to oppose it and break away from the PN coalition.
Unlike the High Court the Court of Appeal and the Federal Court which are established by the Federal Constitution 68 the Syariah court has been equated to the Sessions Court and Magistrates Court which in the Federal Constitution are called inferior courts. Bar Council constitutional law committee chair Firdaus Husni cited the Federal Court decision in the 2007 case of Latifah v Rosmawati in which the countrys highest court ruled that the civil superior courts the High Courts Court of Appeal and Federal Court were established by the Federal Constitution while the Shariah courts were formed under state laws. The Federal Constitution has its roots in the Federation of Malaya Agreement 1948 the FMA 1948 which established a federation known as the Federation of Malaya or Persekutuan Tanah Melayu comprising the nine Malay statesii and the Settlementsiii of Penang and Malaccaiv It was envisaged that the Federation while remaining under British rule for the time being would progress.
This is due to a Federal Court ruling in 1999 where the civil courts decided it will not interfere with faith-related cases that falls under the jurisdiction of the Syariah court. Empowering the Shariah Courts to carry out these punishments would require two-thirds parliamentary majority to amend the Constitution he pointed out. The constitutional basis for civil courts deferring jurisdiction to Syariah courts over conversion issues is Article 1211A of the Federal Constitution which states that the High Courts and inferior courts shall have no jurisdiction in respect of any matter within the jurisdiction of the Syariah courts The 1988 constitutional amendment.
Sabah and Sarawak have sources of revenue and special grants of money from the Federal government that other States in Malaysia do not have and they can also charge their own State sales tax. The supreme law of the landthe Constitution of Malaysiasets out the legal framework and rights of Malaysian citizens. The nine-member panel was deciding on a motion brought by a man in his 30s contesting a Selangor shariah law provision on sexual intercourse.
Federal laws enacted by Parliament of Malaysia that apply throughout.
