'Civil judgements above Shariah will make Muslims unbelievers'

KUALA LUMPUR: Datuk Ibrahim Ali warned that Muslims may become "kufur", Arabic for "unbeliever", if decisions made by Malaysia's Shariah courts were challenged and overturned by the country's civil courts.The head of Malay Muslim rights group Perkasa, adding his voice to clamours for the Shariah equivalent of the Federal Court, said decisions made in the Shariah courts were based on Islam's holy book.

"Cases that are brought to Shariah courts involve Islamic codes and teachings stated in the Al-Quran.

"So what has already been noted in the Holy Quran, the civil courts cannot overturn. If it is overturned, we can be kufurs," Ibrahim told a new conference that was aimed to promote a national unity conference this weekend.

The former member of Parliament argued that it was one of the key reasons for the set up of a Shariah Federal Court.

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"Bear in mind that the question of whether the move is constitutional or not, Islam is the religion of the federation," he added.

Ibrahim said that the federal government must also remember that the majority population in the country are Malay Muslims.

"So, it is good to have this system... if judgements from Shariah courts are constantly being challenged or overturned, then might as well dissolve the Shariah courts altogether," he said after an earlier briefing session on the National Unity Convention, which will involve some 25 non-governmental organisations including Perkasa and scheduled for Sunday.

The Malaysian Islamic Development Department has confirmed that Putrajaya is planning to upgrade the current three-tier Shariah court system to a five-tier system, with the proposed highest court – called the Shariah Appeal Council – on par with the civil Federal Court.

But unlike the civil courts, Malaysia's Shariah courts are state courts that have jurisdiction only within their individual states.

The federal Islamic authority also said a working paper on its proposal was presented back in 2011 at the National Council for Islamic Religious Affairs Malaysia and subsequently to the 14 state religious councils.

However, legal experts have pointed out that the Federal Constitution does not permit for a Shariah equivalent of the Federal Court.

In an interview on this controversy, Bar Council constitutional law committee chair Firdaus Husni said that the Shariah courts are only on level with the civil subordinate courts.

Firdaus said if the Government wished to set up more Shariah courts, it can only be done within the respective states.

Ibrahim rubbished the lawyer's view, saying, "That is only an opinion and is subjected to interpretation.

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"The government has to look at the hindrance preventing the formation of a supreme Shariah Court, and iron out whatever shortcomings there are.

"We cannot just say it can't be done as it is against the Federal Constitution," he said.

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