A ‘one country, one law' system emphasising fair, free and transparent rule of law is the best legal platform on which all Malaysians can seek remedies for religious wrangles.

Head of MCA national women's wing religious bureau Tan Cheng Liang suggested that a single uniform civil code upholding the federal constitution and a federal constitution court be set to address all legal-religious wrangles to avoid disputes and animosity.

tan cheng liang penang pc 040808 01 "I believe most Malaysians would accept such reforms without qualms," she said, adding that the ‘one country, one law' system was imperative and timely to evade communal hostilities in the country", she told Malaysiakini in a telephone interview today.

A single legal mechanism, she said, was ideal to prevent religious rancour in multi-religious, multi-cultural and multi-lingual Malaysia.

Tan, a MCA central committee member, is proposing the reform because she believes the current two-law system - syariah for Muslims and civil law for non-Muslims, has failed to settle legal religious conflicts "effectively and decisively".

"If Malaysia wants to remain a model country for religious tolerance, then a ‘one country one law' system upholding a secular based constitutional monarchy and parliamentary democracy shall be the best remedy.

"We are at a crossroads in need of such reform," said the former Jawi state assemblyperson.

‘Fair and just to all'

There have been a few legal wrangles between non-Muslim communities and Muslim authorities on contentious religious identity issues lately. Two recent cases in Penang involved Siti Fatimah Tan Abdullah and the late Elangesvaran Benedict.

In a landmark decision, the Syariah Court allowed Siti Fatimah to revert back to Buddhism, while Elangesvaran from Bagan Serai was declared a Muslim by the Syariah Court and buried according to Muslim rites despite objections from his family.

Tan said MCA had already submitted a list of proposals to Putrajaya to draft a new legislation to handle religious and legal issues.

She said the new laws will strengthen and refine grey areas such as the Law Reform (Marriage & Divorce) Act 1976 and syariah, to "make them more flexible and, provide amicable solutions to both parties disputing over child custody, conversion and property inheritance".

She said one should not be forced by law to accept or reject a religion and neither can a parent's right over his or her a child be denied because his or her spouse has converted.

"This is against individual rights. The new legislation should be fair and just to all, not to one party," she said.