Laws con­tra­dict­ing Is­lam void, says ex-CJ

New Straits Times - - News -

KUALA LUMPUR: Is­lamic law is the sec­ond most supreme leg­is­la­tion in Malaysia and other laws that are con­trary to it are void, said for­mer chief jus­tice Tun Ah­mad Fairuz Ab­dul Halim.

In his in­ter­pre­ta­tion, Fairuz said any­thing that con­tra­dicted Is­lam or went against Is­lamic laws’ main sources, which are the Qu­ran and Sun­nah, was un­con­sti­tu­tional.

He said this was just like laws that con­tra­dicted the Fed­eral Con­sti­tu­tion, which would be deemed un­con­sti­tu­tional.

“I feel that any­thing which is in con­tra­dic­tion to Is­lam is un­con­sti­tu­tional. The Privy Coun­cil has ruled in a case in Sin­ga­pore that a law, to be valid, must con­form to the fun­da­men­tal rules laid down by the English law.

“As Is­lam is the reli­gion of the fed­er­a­tion, surely the fun­da­men­tal prin­ci­ples of the law should be based not only on the English com­mon law, but on syariah,” he said when de­liv­er­ing a lec­ture on “Is­lam as the Law of the Land” here yes­ter­day.

The rea­son for this opin­ion, he said, was be­cause the Qu­ran, Sun­nah, and the tra­di­tions and prac­tices of Prophet Muham­mad were the main sources of Is­lamic laws.

Hence, he said, read­ing Ar­ti­cles 3 and 4 of the Fed­eral Con­sti­tu­tion to­gether meant that any law con­tra­dict­ing Is­lamic scrip­tures was void.

Ar­ti­cle 3 states that “Is­lam is the reli­gion of the Fed­er­a­tion” while Ar­ti­cle 4 states that “Con­sti­tu­tion is the supreme law of the Fed­er­a­tion” and any law passed af­ter In­de­pen­dence and in­con­sis­tent with it shall be void.

When asked on Pas’ pri­vate mem­ber’s bill dubbed RUU355, Fairuz said since there’s a cap on the pun­ish­ment, the bill will not lead to the im­ple­men­ta­tion of hudud in Malaysia.

Newspapers in English

Newspapers from Malaysia

© PressReader. All rights reserved.