Malaysia not theocracy, Zaid tells Umno

Former law minister Zaid Ibrahim has taken a swipe at Umno's reaction towards the ruling on proposed amendments to 16 provisions in Kelantan's syariah law.

The former Umno member called it “madness” to want a constitutional amendment to empower syariah laws and questioned if Umno leaders know that the country is not a theocracy but one that is governed by civil law.

The Malay politicians’ reaction towards lawyer Nik Elin Zurina Nik Abdul Rashid’s case, he said, was proof of how little they think about the country’s future.

“Before Nik Elin’s case, didn’t these Umno leaders know that since 1957, we are not a theocracy but a civil law country? That means not every religious law should be in the books; civil laws are the primary source of laws in governing this country.

“The syariah system is for personal laws, but the general body of laws is not religious laws. Didn’t they know? They must be sleepwalking then,” Zaid (above) said on X.

On Friday, a Federal Court bench of nine judges in an 8-1 majority decision allowed a petition by Nik Elin and her daughter Tengku Yasmin Nastasha Tengku Abdul Rahman to nullify 18 Kelantan syariah criminal provisions.

The court ruled that Kelantan's legislature exceeded its state-making power contained in the State List (List II) of the Ninth Schedule of the Federal Constitution.

However, the apex court only allowed 16 out of the 18 provisions to be invalidated.

‘Emotional reactions’

On Saturday, Umno deputy president Mohamad Hasan said his party would ask relevant stakeholders like the Islamic Development Department (Jakim) and Minister in the Prime Minister's Department (Islamic Affairs) Mohd Na'im Mokhtar to look into a suggestion to amend the Federal Constitution to empower syariah laws.

However, he refuted claims that the Federal Court decision was an attack on Islam or the syariah legal system.

He was responding to the opposition’s proposal to urge Putrajaya and all stakeholders to discuss a constitutional amendment to empower the syariah legal system.

Zaid said instead of defending the court’s decision, the politicians’ reactions were emotional and not grounded in reality.

With some leaders telling the public that they need more religious laws, he questioned why the current syariah laws are not adequately implemented.

Citing the long durations needed for divorces, alimony, and maintenance payment cases, Zaid urged leaders to make the present system more workable and efficient.

He said instead of doing the hard work to provide good education and economic power, some leaders have taken the easy way by telling the public they need to have religious laws because these leaders want to divide the country.

Zaid pointed out that if Muslim leaders care about the Muslims’ interests, they would make the system more efficient, such as being more transparent about how the Islamic Council collects and disburses zakat funds.

“When the system breaks down, you will lose more than the non-Muslims. Your economic rights, freedom, education, and culture will suffer because you are not free anymore.

“Criminal laws will engulf you because they don’t like your morals. Your life will be different, and Malaysia will be unrecognisable,” he said.

He added that instead of trying to improve and catch up with non-Muslims, the leaders are busy trying to dismantle the legal system.

“Tell your leaders there are more urgent things to do for the Muslim community.”

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