Thursday, July 26, 2012

Jurisdictional confusion

Last week, a High Court judge allowed Berjaya Books to challenge the Jawi raid on its Mid-Valley outlet and seizure of copies of the book 'Allah, Liberty and Love’, which led to the prosecution of a bookstore manager on the basis of the Syariah Criminal Offences Act 1997. I believe this will be a good case to test the efficacy of the interpretive abuse of Article 121 (1A) provisions of the federal constitution from its original spirit.
Let see what people had to say about this:

DR.JAG#04496187 Mr. KJJ: Our Federal Constitution FC) is the only document in the world framed by non-Malay(sia)ans. There was Lord Reid (British), Sir Ivor Jennings (British), Sir William Mckell (Australian), Mr. B. Malik (Indian judge) and Mr. Justice Abdul Hamid (Pakistani judge). One would have thought that the two Muslim judges from India and Pakistan understood the syariah law code, and would have taken the trouble to innundate the ignorance of the other three with proper direction as to the states and sultans' regulatory authority over syariah. Constitutional amendments were not worked on over the years since Merdeka. Basically, we have a parchment guarantee despite the promise of Article 4 of the FC which provides that the FC is the supreme law of the land. If that were so, there would be MANY putrajayans who would languish in gaol by now. Judge NC Naidu Seattle, Washington
3/7/2012 7:01:47am | Report
Mr KJ John Thanks folks, I appreciate your views and feedback.
30/6/2012 8:35:41am | Report
AB Sulaiman KJ, Welcome to the world of institutionalised vagueness, where assumptions are taken as truth and where you are not to question why but that you must do or die. It could even be the Perak Regent's world where civic societies are forever on the 'take take and more take'. In such imprecise and speculative world the law is what the ulamas think it is.
26/6/2012 10:19:46pm | Report
Azizi Khan There are Islamic laws and that what is preached and practiced by JAIS and other UMNO linked religious bodies who at best can be described as "deviant" teachings designed by the UMNO machinery to propagate the UMNO manifesto. One should not confuse between the two. You might notice that amidst all the corruption, incest, spousal abuse and what not that happens in the Malay community - these UMNO religious cultists are strangely silent - because it serves the purpose of their masters. And then they come out in show of power in menial issues proclaiming that they protect Islam. These people are an insult to anyone who practices Islam.
26/6/2012 6:35:47pm | Report

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