By Ahmad Fadhli Umar bin Aminolhuda
GOMBAK, 18 March 2015: Looking back to history, based on the case of Shaik Abdul Latif v Shaik Elias Bux, (1915) 1 FMSLR 204, one of the most interesting points highlighted by the judge in deciding this case is his sayings that Mohammedan Law would be the Law of the Land if British had not came to the country. However, after the British came, based on the First Royal Charter of Justice 1807, English Law was introduced and replaced the original law of the land.
Today marked a history in Malaysian Legal System. The Kelantan State Government under the Menteri Besar, Dato’ Ahmad Yaacob, tabled the amendment to Shariah Criminal Code Enactment II (1993) which among others contained the offence of Zina, Murtad, Hirabah and other Hudud (fixed criminal punishment), Qisas and Takzir punishment.
Even though the initiative by the Kelantan State Government was made to face so many obstacles and challenges, we really think that this is a move towards maintaining justice within the principles of Islam and its teachings. However, it is to be noted that this State Law shall not be enforceable unless the Parliament passed this Law as Criminal matters is actually under the Federal List as incorporated in Schedule 9 of the Federal Constitution.
Never to forget, every law is implemented with the purpose of maintaining justice and fairness. With the latest amendment of this code, we really hope that peace, justice and stability can be achieved within the state of Kelantan. As guaranteed by the Honourable Menteri Besar during his speech in the Legislative Assembly, non-Muslims will not be affected with this law. Therefore, we think that this is a great start to our nation in promoting Islam as the Religion of Rahmah and Justice and to be proven among the Muslims first.
Last but not least, we really hope that by this latest amendment and development of Islamic Law in Malaysia, our country can once more be the leading country in the region as long time ago during the great times of the Malacca Sultanate. As a Law School founded by the Great Prof. Ahmad Ibrahim with the intention of harmonising Civil Law and Islamic Law, we feel very proud and honoured with this latest development and will always support such development.
Law Students’ Society,
Ahmad Ibrahim Kuliyyah of Laws.
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