YOURSAY ‘Abdul Hamid is undoubtedly the worst chief justice we ever had.’
David Dass: Not all of the syariah is law of the land. Malaysia is a country of many races, cultures and religions. The federal constitution is the supreme law of Malaysia. All laws must be consistent with and not be in breach of the constitution.
The validity of any law may be tested against the standard set by the constitution. That was the precise challenge made by the appellants in the transgender case. And the finding of the Court of Appeal was that the state enactment was in breach of the constitution.
The Court of Appeal simply accepted the overwhelming evidence that transgenders did not choose to be the way they are. And that they deserved the protection of the law.
Of course, there are implications in recognising them as human beings worthy of being accorded human rights. Society cannot pretend that they do not exist.
Perhaps God is testing us. What would he want us to do? It is not possible in life to reduce everything to black and white terms. There is much that is grey.
Gerard Lourdesamy: Former chief justice Abdul Hamid Mohamad is clearly ignorant about the constitution. The constitution is the supreme law of the land and any law, either federal or state, that is inconsistent with the constitution whether it is Islamic or civil law is null and void.
The Quran, the Sunnah and Hadith are not the sources of law in this country and are not superior to the constitution.
For too long with the tacit approval of Umno, the state Islamic authorities have been simply enacting religious laws that have transgressed on the constitution and the jurisdiction of the federation.
It is a rule of interpretation that the constitution being sui generis must be interpreted broadly and liberally and not in a restricted and pedantic manner so as not to render its provisions illusory and ineffective.
The religious values of Muslims are not a basis to interpret the constitution. We are not a Muslim theocracy but a democratic state with Islam as the religion of the federation but not the source of its law.
2Kali5: Abdul Hamid is naughty and mischievous. As an ex-judge, he should know better that marriages within the same sex are illegal unless a law, whether civil or religious, is passed in recognition and sanctioning of such marriages.
Chee Hoe Siew: This is the quality of our judges? It is no wonder our judicial system is in shambles. When a judge decides to rule not base on law but his moral judgement, then he is no longer fit for the job, let alone his opinion on what justice is.
Ipohcrite: This ex-CJ is suffering from extreme paranoia. Even though appearing outwardly learned in the law, his comments reveal a severe lack of methodical and logical reasoning in the understanding and the application of the law.
To think that he was once the CJ. Sigh! Now that he is the ex-CJ, we should be thankful for the little mercies that come our way.
Rezeki Iklas: This is a heartless man who cares for his personal agenda than bother to help those who are born with a man's body but the mind of the opposite sex or vice versa through no fault of theirs.
Such humans are already suffering from the brunt of their physical defect. Why do you need to terrorise and to inflict more agony on them? Face the reality that they are human beings and needed sympathy and help.
Medical sciences have proven that you can't change them. If you don't want to help then, just leave them alone and stop talking nonsense.
Nil: Do not confuse transgenders and gays rights with the right to marriage.
By definition, "marriage", as we know it, cannot be of "same sex". This is time-honoured, and has nothing to do with religion. If such unions are legally accepted, call it by another name, but not "marriage", and another set of family laws will have to be formulated.
Indeed, the whole concept of "family" and family relationships e.g. of mother, father, bride and groom, etc. would have to be seen in a very different light.
Disgusted: Foe a person who was a chief justice he seems to have degenerated into an ‘otak udang’. It is not that people must accept their lifestyle but the government has no right tp persecute them to arrest them put them into prison torture them and make outcasts of them.
Islam has no right to take such action on any citizen of the country, whether they are gay or transvestites. What Umno and PAS brand of Islam is saying is these people do not deserve to live at all.
They don't deserve to work or even seen in any public place, otherwise they will be arrested taken to court and sentenced to imprisonment for not committing any crime but be different in their eyes.
In prison, they are humiliated, raped and abused until they become mental cases and end up in Tanjung Rambutan or Tampoi.
All these religious bigots who do things in secret that they impose upon others are just a bunch of bullies and hypocrites, and are using their position and power to bully the weak and helpless.
ACR: Abdul Hamid is undoubtedly the worst CJ we ever had, devoid of any sound legal logic in his utterings.
One has to wonder whether the innumerable parties that were adjudged by him are considering a review of the judgments made.
Retnam: This is a standard technique. Paint the most extreme picture and frighten the people.
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