SHAH ALAM: The Syariah Lawyers Association of Malaysia (PGSM) described the Sultan of Selangor, Sultan Sharafuddin Idris Shah’s decree yesterday, for the immediate establishment of a special committee to study the competency of state legislative assemblies to enact Islamic laws under state enactments and the jurisdiction of Syariah Courts, is very apt and timely.
Its president Musa Awang said that the association also expressed its gratitude for the concern of Sultan Sharafuddin, who is also the chairman of the National Council for Islamic Religious Affairs (MKI), towards the management of Islamic affairs in this country.
“The establishment of the special committee is very apt and timely in the recent situation, considering that many cases which were tried under the jurisdiction of the Syariah Court are being challenged in the Federal Court, especially in relation to the competence of the state legislative assemblies in enacting and approving laws (Syariah), as well as the jurisdiction of the Syariah Court which hears it.
“These challenges, to some extent, have given a negative image and perception towards the Syariah Court, which is under the jurisdiction of the state legislative assembly,” he said in a statement today.
Musa also said that, at the same time, the conflict of jurisdiction between the Federation and the states should be resolved immediately, so that the community and the country can move forward.
He said that the proposed amendments, which will be submitted by the special committee, must adhere to the principle of respecting the separation of jurisdiction between the states and the Federation, and must reflect Islam as the religion of the Federation (Article 3) and respect the exclusive powers of the Syariah Court under Article 121 (1A) of the Federal Constitution.
“The proposed amendments, which will be submitted by the special committee, should also not only be focused on the law (Syariah) approved by the state assembly, but also include amendments to the provisions in the Federal Constitution, so that a comprehensive solution to the issues can be implemented,” he said. – BERNAMA
