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Gopal Sri Ram says ex-CJ disregarded a Absolute Cloister cardinal in 1988 that captivated a law inconsistent with Islamic scriptures to be accurate because Malaysia has a civilian constitution.


PETALING JAYA: Above arch amends Ahmad Fairuz Abdul Halim has misread the Federal Architecture and abandoned a administrative antecedent in claiming that Islamic law is aloft civilian legislations, a retired adjudicator said today.

Former Federal Cloister adjudicator Gopal Sri Ram said Fairuz should not apprehend in abreast a distinct accouterment – Article 3(1) which states that Islam is the adoration of the Federation – to advance Islamic law’s account in Malaysia.

He said Article 4(1) fabricated it bright that any law that came into force afterwards Merdeka Day on Aug 31, 1957 and which was inconsistent with the absolute law of the acreage (the Constitution) shall be invalid.

He said it was important to agenda that Article 4(1) says “inconsistent with this constitution” and not “inconsistent with any accouterment of this constitution”.

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“Therefore, Article 3(1) which says that Islam shall be the adoration of the Federation is extraneous back testing the built-in authority of a post-Merdeka law,” said Sri Ram.

He additionally said it was best afflictive that Fairuz had calmly disregarded the five-man bank cardinal of the 1988 Absolute Cloister case of Che Omar adjoin Che Soh.

The acme cloister had again captivated that a law inconsistent with Islamic scriptures was accurate because Malaysia has a civilian constitution.

Sri Ram said this in acknowledgment to a address by Fairuz blue-blooded ‘Islam as the Law of the Land’ area he interpreted the architecture in a address that makes Islamic law the additional best absolute legislation in Malaysia.

Fairuz, who in 2008 was active by the Royal Commission of Inquiry in the V K Lingam video aspersion in administrative fixings, said civilian laws that went adjoin Islamic laws’ capital sources – the Al-Quran and Sunnah – would be unconstitutional.

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He said Islam was a complete way of activity that included all aspects of animal activity, including judiciary, politics, and economy.

As such, Articles 3 and 4 charge be apprehend calm to accomplish Islamic law the additional best absolute legislation afterwards the constitution, he had said.

Fairuz had led the majority cardinal in the Lina Joy about-face case in the Federal Cloister in 2007.

Lina, a Malay-Muslim, capital to embrace Christianity to ally her boyfriend, but the National Registration Administration (NRD) insisted she aftermath a affidavit from the shariah court, which she did not possess.

Her attorneys had argued that the NRD alone bare to accede the ablution affidavit from the abbey to facilitate the change in religious status. The Federal Cloister alone her address and disqualified that “a being who capital to abdicate his/her adoration charge do so according to absolute laws or practices of the accurate religion”.

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Sri Ram said Ahmad Fairuz was inconsistent in Lina’s case as he did not administer the acknowledged assumption back carrying a acumen as a High Cloister adjudicator in the case of Haji Ismail bin Suppiah v Ketua Pengarah Pendaftaran Negara .

In that case, he addled bottomward the activity of the NRD that appropriate Ismail to access the accord of the religious administration of Johor for the purpose of processing his appliance to aftereffect a change of his name from an Islamic to a non-Islamic name.

“However, no accounting acumen was delivered by Ahmad Fairuz in that case. It is accessible that he has additionally abandoned the angle he took area he banned to accord antecedence to Islamic law,” Sri Ram added.

Sri Ram said Lina’s case had annihilation to do with built-in law or the appliance of Islamic law and the above arch justice’s angle in the case was extraneous and not bounden in a cloister of law.

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