The proposed merger of common law courts and syariah courts will compel and subject non-Muslims to syariah jurisdiction. MCA recognizes and has always taken the position that Islam is the official religion.
However, the Federal Constitution is still the supreme law of the country and as such, the civil courts fall under the common law jurisdiction. Hence, the suggestion to merge the courts would undermine that position of the civil courts as the administration will inevitably use Syariah principles to interpret civil laws.
There is no need to merge the two courts in order to resolve cases of “conflicting laws and jurisdiction of both courts arising from inter-faith cases.” There is no conflict when the judges in the civil courts exercise independence in interpreting the laws according to common law principles.
The problem arises because civil court judges are currently abdicating their powers and refusing to rule accordingly. As such, complications arise when cases are “put on hold” indefinitely. In order to overcome this, the Malaysian judges panel must be made more multiracial and multi-religious. Thus, the merger of the two courts is not the solution as this will open to even more complications and misinterpretation resulting in more religious misunderstanding among the races and religions.
MCA states its firm stand that we do not agree with the suggestion to merge the two systems as it will undermine the religious rights of non-Muslims as enshrined in Article 11 of the Federal Constitution.
MCA will strongly object any attempts by anyone to take away the religious freedom of the non-Muslims. Nobody should be allowed to disrupt the peace and harmony of this country.
DATUK LEONG TANG CHONG
Chairman
MCA Legal Bureau
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