Amid allegations that Islam is under siege and Christian leaders are attempting to usurp its position as the official religion of the federation, the Malaysia Muslim Lawyers Association (PPMM) wants Islamic laws to be excluded from parliamentary debates.

This, according to PPMM, is to stop non-Muslims from interfering in Islamic affairs.

In an interview in Utusan Malaysia today, PPMM president Zainul Rijal Abu Bakar said the current legislative mechanism for Islamic law was outdated and it should therefore be changed without amending the federal constitution.

He proposed that for this purpose, any bill on Islamic matters which are drafted by the Islamic Development Department (Jakim) should then be referred to the National Council of Islamic Affairs of Malaysia (MKI) and the Malaysian Council of Rulers for approval.

"Then, it should go to the cabinet for endorsement without debate because the bill has been approved by the Yang di-Pertuan Agong.

"The same goes for the first and second reading (in Parliament), there is no need to debate because it has been approved by the Council of Rulers," Utusan quoted Zainul as saying.

"The difference (between this proposal and the current system) is that the consent of the King and the Council of Rulers are sought before the bill is brought to the cabinet and Parliament.

"This is to prevent the Islamic bill from being debated by non-Muslims and Muslims who have no knowledge about Islamic law," he explained.

Article 11(3) allows this

Zainul said the proposal could be implemented under Article 11(3) of the Federal Constitution, which gives Muslims exclusive rights in administering their religion.

Article 11(3) states that every religious group has the right to manage its own religious affairs, to establish and maintain institutions for religious or charitable purposes, and to acquire and own property and hold and administer it in accordance with law.

He also said the proposal does not intend to deny the role of non-Muslim politicians, but there is no justification for them to interfere in Islamic affairs.

Currently, all bills related to Islamic matters drafted by Jakim and the AG's Chambers are presented to the cabinet for discussion and approval before consent is obtained from the Council of Rulers and tabled in Parliament for debate.

After they are passed by Parliament, the bills are submitted to the Agong for the final endorsement before being gazetted.

The Council of Rulers has the power to withhold its consent. This has happened with amendments made to the Law Reform (Marriage and Divorce) Act 1976, Administration of Islamic Law (Federal Territories) Act 1993 and Islamic Family Law (Federal Territories) Act 1984, over disputes related to religious conversion.

Free the mufti from political interference

In the interview, Zainul also proposed that the state muftis be placed directly under the Council of Rulers as opposed to the current system that puts them under the state executive councils.

This is to free the mufti from political interference and restraints, he said.

"There is a northern state that made it compulsory for any proposed fatwa (edict) to be agreed to by the exco or state leadership.

"Moreover, an exco member in charge of religion had written to the mufti questioning the latter's fatwa because it was not in line with the government's view," Zainul claimed.

The same goes for Jakim and the Islamic Religious Council, said Zainul, which should be placed directly under the rulers of the respective states instead of the exco members responsible for Islamic affairs.

He reiterated an earlier PPMM proposal to give syariah courts equal position as civil courts in terms of power, structure and staff salaries.

"Only through this way we can see syariah laws being implemented and no interference from other quarters who insult, dispute and belittle syariah laws."

Zainul revealed that PPMM would send a memorandum to the government and Council of Rulers to raise these issues, and others such as the use of the word 'Allah' by Christians and the Al Kitab controversy.