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Subscribe in a reader | Subscribe to poobalan.com by Email Malaysian Gurdwaras Council: Press Statement on Court of Appeal decision on Saravanan v. Subashini Tuesday, 27 March 2007, 12:14pm The Malaysian Gurdwaras Council is shocked and dismayed at the recent Court of Appeal decision which was reported in the Newspapers on 14/3/2007. The Court of Appeal in its majority decision had asked Subashini (a Hindu) to seek recourse through the Syariah Court, and thus asking her to submit to the Syariah Court Jurisdiction.
After amendment to Article 121(1A) of the Federal Constitution in 1988, there are at least 3 Federal Court decisions which say that Syariah Courts have no Jurisdiction Over Non-Muslims. One Federal Court decision on point is TAN SUNG MOOI (F) v. TOO MIEW KIM (1994) 3 CLJ 708 where 5 Federal Judges unanimously held:
“It would result in grave injustice to Non-Muslim spouses and children whose only remedy would be in the Civil Courts if the High Court no longer has jurisdiction, since the Syariah Courts do not have jurisdiction over non-muslims”.
Those persons who made comment in the Sun Newspaper of 23/3/ 3007 under heading “Non-muslims urged not to fear Syariah Court”, have completely ignored the legal position, the Federal Constitution and the rights of Non-Muslims, as the following show:
i) The Supreme law of the land is the Federal Constitution and by Article 4(1) of the constitution “….any law passed after Merdeka day which is inconsistent with the constitution shall, to the extent of the inconsistency, be void.”
ii) The 5 pillars of Rukunegara on which this nation is built, has as its No. 3 pillar as “Keluruhan Perlembagaan” i.e. Supermacy of the Constitution.
iii) Under Schedule 9 List II para 1, of the Federal constitution it is clearly stated that “Syariah Courts have jurisdiction only over persons professing the religion of Islam.”
iv) Federal Court decisions until today are to the effect that “the Syariah Courts do not have jurisdiction over Non-Muslims.”
v) Syariah theological law cannot be applied to those who do not profess that religion.
The Federal constitution embodies the Social Contract which was agreed to between the communities. It is based on the firm and unarguable recognition that any religion inspired law cannot be applied to those who do not profess the faith.
Thus, the issuing of the Sepina by the Syariah Courts is wrong. This would have been unthinkable a few years ago, when all parties used to uphold the constitution and the Social Contract.
The Malaysian Gurdwaras Council appeals to all parties to respect and uphold the Federal Constitution.
JAGIR SINGH PRESIDENT MALAYSIAN GURDWARAS COUNCIL
