The suggestion to have Islamic laws excluded from parliamentary debates was welcomed in principle, but how it is going to be implemented remains to be seen said Malaysian Syariah Lawyers Association president Mohd Isa Abd Ralip.

“The proposal on paper seems good, where the laws would go to the Conference of Rulers, the Sultan or the monarch, where they would be discussed in depth (rather than going to Parliament).

“However, we also need to know the procedure for such laws to bypass the Parliament as it would not be debated there. Probably some amendments to the existing law or parliamentary procedures or state enactments or constitution need to be made or tabled to do this,” he said.

Mohd Isa said such laws however must also go through the various state mufti, to make sure it follows the required syariah laws.

He was commenting on a proposal by Malaysian Muslim Lawyers Association (PPMM) president Zainur Rijal Abu Bakar, to have Islamic laws excluded from parliamentary debates.

In an interview with Utusan Malaysia, Zainul Rijal explained he felt the present procedure is outdated and it shoud be changed without amending the constitution.

He said that any bill on Islamic matters drafted by the Islamic Development Department (Jakim) should be referred to the National Council of Islamic Affairs of Malaysia (MKI) and the Malaysian Council of Rulers for approval instead.

"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 for debate because it had been approved by the Conference of Rulers,” Zainul was quoted to have said.

PAS: Proposal alienates rakyat

PAS legal advisor Mohd Hanipa Maidin when contacted said such a proposal would alienate the rakyat further, as they may not have a say in Islamic legislation should the move be adopted.

“By not having (the laws) go through the Parliament or state legislative assembly, it would not have the people's say in it. Furthermore, I do not find anything wrong with allowing non-Muslims debate in the bill when it is introduced in the legislature, as it would help them understand Islam better,” said Hanipa, who is also a trained civil and Syariah lawyer.

“I do not see any gain by giving such `exclusion' to Islamic laws as the citizens and the country's system must work within the constitutional and legal framework. (Otherwise) what is the purpose of having a constitution?” he said.

Hanipa, who is also PAS central committee member, said whatever the case the multiracial and multi-cultural nature of Malaysian society must be recognised. He said the move would alienate a particular religion or race over others and that is not right.

He pointed out that even PAS worked to get non-Muslim support through its PAS Supporters club nationwide, where it promotes understanding of Islam for long term benefits.

“For me, Umno has failed in inculcating such unity if the people continue to have their suspicions on Islam. Islam and Muslims should show good character first, so that it could set an example to others, as this is demanded by the Prophet and also emphasised by (PAS spiritual leader) Nik Aziz (Nik Mat).”

“For me, such a proposal is a shortcut or back door way towards passing legislation, and this is certainly not right as democracy and Islam demands inclusiveness. That is the guiding principle. Even if Pakatan Rakyat has two thirds majority it would not adopt such a proposal brought forward by PPMM,” he said.

1Malaysia 2sytems?

Hanipa's views was shared by fellow PAS Kuala Selangor MP Dzulkefly Ahmad who called such a proposal undemocratic.

(please provide link to story I sent earlier today)

Another syariah and civil lawyer, Fakhrul Azman Abu Hassan, also echoed Mohd Isa and Hanipa's sentiments.

Fakhrul Azman said as far as he is concerned, all laws must be tabled in Parliament for first and second readings before approval, as what had been done with the Federal Territory Islamic Family Law, that had been tabled in Parliament first.

“However, if you want to bypass the legislature you may have to table a new law to impose such a new procedure. We have a constitutional monarchy system and their function is just customary,” he said, echoing Mohd Isa's sentiments.

“It is also important to remember that the powers of the rulers had been amended by former premier Dr Mahathir Mohamad, limiting the roles and powers of monarchs,” the lawyer pointed out.

Akbardin Abdul Kader, another Syariah and civil lawyer, when commented also wondered how such a procedure can be accepted as the country has a parliamentary democracy system.

He said we cannot have duality where legislation is handled in one way for Muslims, and another for non-Mulsims, and sees the idea as unfeasible.