MIME-Version: 1.0 Content-Location: file:///C:/ECB8C06C/CONSTITUTIONAL.htm Content-Transfer-Encoding: quoted-printable Content-Type: text/html; charset="us-ascii" CONSTITUTIONAL & LEGAL GUARANTEES AGAINST APPLICATION OF SYARIAH= LAW ON NON-MUSLIMS

CONSTITUTIONAL & LEGAL GUARANTEES AGAINST APPLICATION OF S= YARIAH LAW ON NON-MUSLIMS

 

  1. Syariah law cannot = be passed by any State Assembly<= /b> because in so far as criminal & other penal offences are concerned,

  &nb= sp;   this is n= ot a law which can be made by the State. Only the Federal Parliament can enact laws relating to law enforcement.

 

2. = ;  The Ninth Schedule of the Federal Constitution, List – Federal List, para 3 is as follows:

 

  &nb= sp;   Para 3 - Internal security including-

     =       

    1. Pol= ice; criminal investigation, registration of criminals; public order
    2. ……..    = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;  
    3. ……..    =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;  

 

  1. Inde= ed, realising the unconstitutionality of implementing syariah law, the PAS government in Kelantan has neither sought to enforce nor implement the s= yariah law enactment.

 

      4.   Yet another obstacle to imposing syariah law against Muslims is Article 5 of the Federal Constitution:

 

     =        “No person shall be deprived of his life or personal libert= y save in accordance with law.”

 

     =        The key word is “law”. It is to be stressed here that it does not include syariah   law. Therefore the constitutional protection of Article 5 covers both Muslims and Non-Muslims. 

 

      5.  Law is defined under Article 160A of the Federal Constitution as follows:

 &= nbsp;    “Law” includes written laws, the Common Law in so far as it is in operation in the Federation or any part thereof, and any custom or usage having the force of  law in t= he Federation”.

 

  1. Therefore, short of an amendment to the Federal Constitution, which is now impossible as the Government has been denied a two-thirds majority, there is

  &nb= sp;   no way in= which syariah law can be enforced against Muslims and Non-Muslims.

 &= nbsp;   

       Leong Cheok Keng – Advocate & Solicitor