Suaram is alarmed with the statement of the Chief Justice, Ahmad Fairuz Sheikh Abdul Halim on abolishing the English common law and infusing Islamic law jurisprudence in our system of justice. The common law system is one of the most recognized international systems and has served the country well.
Further, the proposal would be unfair and unjust to the non-Muslim population of the country who do not wish to subscribe to tenets of a faith underlying the proposed system of laws applicable across the country. It is a proposal that is completely insensitive to the reality of the country which is one of multi-religious.
The statement of the chief justice is misleading by implying that the country is still being colonised by the British since we practice English common law. Firstly, under the Civil Law Act, the Malaysia courts enjoy full autonomy whether to accept case law from other countries by taking into account the local circumstances. Secondly, Malaysian courts are not only referring to British case laws, but also case laws from so many other countries in the world as well. The claim of Ahmad Fairuz is thus unfounded.
It would be irrational to dismantle the system just because it has originated from the British. The criteria should be based on whether the system delivers justice in a credible and efficient way, whether it is acceptable to all and not where it is coming from. Rather than seeking to create chaos in the administration of justice, the Chief Justice is strongly urged to promote the sensitization of his fellow Judges in the promotion and protection of human rights, something which may usefully be borrowed from other Commonwealth countries.
Suaram is also concerned that this statement should come from the Chief Justice who is entrusted by the nation to uphold the Federal Constitution that is secular in principle, which suits the reality of Malaysia being a multi-religious and multi-ethnic country.
It is extremely disturbing that an indispensable pillar of our country is now hoping to move in the same direction of our Executive and Legislature by internalizing values of Islam in administering justice as opposed to augmenting the fundamental liberties of our citizens across the board with little reference to any religious underpinnings.
Is the chief justice making such a statement to divert public attention from himself for assuming the post of the chief justice of Malaya for an unprecedented eight months long? Or is it to divert the heat on the issue of the questionable promotion of a high court judge to the Federal Court that has failed to provide written judgments in 33 cases and unjustly delayed the right to appeal and an expeditious trial of those involved?
The Chief Justice must give the public a reasonable explanation as to the rot in the judiciary or else resign.
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