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28 March 2021
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Zahid promised that if UMNO wins 2/3 majority in the next GE, UMNO will alter the Malaysian Constitution to “empower” Shariah law. While he did not provide details, it will almost certainly mean that elevating the powers of the Shariah Court so that the civil courts can no longer be used to challenge key judgments of the Shariah Courts.
The implications are enormous for a multi-religious country like Malaysia. In effect this means that, for example, if the Shariah Court issues a judgement that impacts on the non-Muslim, there is no legal avenue for the non-Muslims to seek a judicial review. Two simple examples:-
1) For the past decade, many Muslim converts have used the civil courts to get judgements that they are not “Muslims” since the current Shariah Courts almost always deny such cases.
2) Another area relates to child custody when one spouse converts to Islam and then coverts the children, leaving the non-Muslim spouse in an impossible position. In almost all cases, the Shariah Court will rule that the child, now a Muslim, must be raised as a Muslim and thus, by default, the converted spouse will take custody of the children. The non-Muslim spouse do not have a legal remedy since non-Muslims cannot appear, by law, in a Shariah Court.
By taking such a hardline Islamic stand, UMNO is signally that it will go all out to weaponised Islam for the coming GE, thus pushing PAS and PPBM further to the “Right” if they want to compete with UMNO for the “Islamic vote”.
This is a dangerous move as more than 30% of Malaysia’s population are non-Muslims, and many non-Muslim bumiputera in “Sabah” and “Sarawak” will be very concern at this blatant attempt to impose “Islamisation” on the country.
The non-Muslims in Malaysia already feels that they are under siege and Zahid’s announcement will increase their anxiety.
It will also mean that the non-Muslim vote will now move solidly behind the opposition DAP and PKR.
- James Chin, political analyst
University of Tasmania , Australia .
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weehingthong 