Media
\nOutReach<\/a>\u00a0–\u00a029 November 2021 –\u00a0Malaysian law firm Surenda
\nAnanth Advocates & Solicitors issues a statement today on the
\nconstitutional law impact on Malaysia and Malaysians following the recent ban
\nof 4D lottery shops in the northern state of Kedah.<\/p>\n\u00a0<\/p>\n
The Chief Minister of Kedah, Datuk Seri Muhammad Sanusi Md
\nNor justified his actions for the state-wide ban and was reported to have said,
\n“as a Muslim and head of state, he has
\nthe obligation to adhere to God’s instruction and he does not want to be
\nquestioned in the afterlife<\/i>“.<\/p>\n
\u00a0<\/p>\n
Malaysian lawyer Surendra Ananth says that many may not be
\naware, but it was this concern that gave rise to the first written compilation
\nof Muslim law offences in Malaya (then, the Federated States of Malaya). On 10
\nOctober 1898 in a Pahang State Council meeting, the then Sultan of Pahang urged
\nthe British Governor to assume the responsibility of drafting a Muslim law
\nenactment.<\/p>\n
\u00a0<\/p>\n
The Minutes of the Proceedings of the State Council record: “His Highness says that he is growing old,
\nand that the thought of his responsibility in this matter fills him with fear
\nin view of the fact that he will shortly be called upon to render an account to
\nGod for all actions and of his neglect to fulfil his law. His Highness says
\nthat he feels sure that if the Government realises his position in the matter,
\nand the immense importance which this question must have in his eyes, it will
\nfind a means of punishing such crimes as he has named, and will so relieve him
\nof the weight of a moral responsibility which he finds himself quite unable to
\nbear”.<\/i><\/p>\n
\u00a0<\/i><\/p>\n
Despite criticisms, in 1904, an enactment drafted by the
\nBritish was passed in all the Federated States. It was generally called the
\nMuhammadan Laws Enactment. There were 9 offences included and it only applied
\nwhere all parties were Muslims. The number of Muslim offences increased over
\nthe years. The power of the States to make such offences was eventually
\ncodified in the Federal Constitution.<\/p>\n
\u00a0<\/p>\n
On 1 November, 2021, the Chief
\nMinister of Kedah, Datuk Seri Muhammad Sanusi Md Nor was conferred the “Dato’
\nSri Paduka Mahkota Kedah” (SPMK) award, which carries the title “Datuk Seri”,
\nby the Kedah Sultan Sallehuddin Sultan Badlishah commemorating his 79th
\nbirthday.<\/p>\n
\u00a0<\/p>\n
On 8 November, the High Court of
\nMalaysia ordered the newly minted Datuk Seri to pay RM50,000 to a member of
\nparliament (MP) over a defamatory video posted on Facebook two years ago of
\nprotestors outside a Sports Toto outlet holding a banner of the MP’s name.<\/p>\n
\u00a0<\/p>\n
On November 17, the same Datuk Seri announced during a state
\nassembly that the Kedah State Government had decided to ban all 4D lottery
\nshops in the state. This was to be done through the local councils by rejecting
\nany license renewal applications. <\/p>\n
\u00a0<\/p>\n
Surendra reiterates that this ban is not issued under any
\nIslamic law. Islamic law, which is made by States, can only apply to persons
\nprofessing the religion of Islam and is limited to personal law matters. The
\nban is implemented indirectly by directing the local councils in the state of
\nKedah to refuse license renewal applications by entities running lotteries. <\/p>\n
\u00a0<\/p>\n
“This is illegal as lotteries fall under the Federal List in
\nthe Ninth Schedule of the Federal Constitution, which means Parliament and the
\nFederal Government regulate lotteries and gambling. Malaysia’s Lotteries Act
\n1952 declares lotteries unlawful unless licensed by the Minister of Finance.
\nLocal councils can regulate such premises on limited matters such as
\noperational hours, safety or place of business but a State cannot impose an
\noutright ban on lotteries and gambling,” Surendra affirms.<\/p>\n
\u00a0<\/p>\n
“Second, and more importantly, a State authority when making
\na decision under a secular law applying to all persons, cannot make such
\ndecision on the basis of Islam alone. The government is a government of all people
\nand not just Muslims,” he said. <\/p>\n
\u00a0<\/p>\n
On Islamic law offences, a State cannot use such laws to
\nprohibit gambling or lotteries. The number of Islamic law offences in each
\nstate have significantly increased. As an example, in the state of Selangor,
\nthere are over 30 Islamic offences. Most of these provisions are
\nunconstitutional. Although the state can create Islamic offences on matters
\nagainst the precepts of Islam, there is an important restriction imposed by the
\nFederal Constitution. Even if a matter is prohibited in Islam, it cannot be
\nmade an offence if the same matters fall under the Federal List.<\/p>\n
\u00a0<\/p>\n
“Matters such as lotteries, criminal law, public order,
\nhealth and intoxicating liquors are all in the Federal List. Most of the
\noffences introduced recently in the Kelantan Syariah Criminal Code such as
\ndestroying houses of worship, tattooing, undergoing plastic surgery, making
\nfalse claims etcetera, are unconstitutional. They all fall under the Federal
\nList,” said Surendra. <\/p>\n
\u00a0<\/p>\n
Most if not all of the Hudud offences introduced in the
\nKelantan Syariah Criminal Code in 2015 are unconstitutional. They include
\ntheft, robbery, adultery, sodomy, false accusation of adultery, consumption of
\nalcohol, homicide, causing bodily injury etcetera. All these matters are under
\nthe Federal List and in fact have been made offences under federal law. <\/p>\n
\u00a0<\/p>\n
Putting aside the issue of legislative power, Surendra Ananth
\nadded that there are also Islamic laws that violate fundamental rights
\nguaranteed in the Federal Constitution. He cites the case concerning Nur Sajat
\nas a good example. In or around February 2021, an arrest warrant was issued for
\nthe Malaysian cosmetics entrepreneur who earlier that year, was charged for
\ncross-dressing under the Selangor Syariah Criminal Offences (Selangor) Enactment
\n1995. This provision clearly violates one’s right to dignity, self-autonomy and
\nfreedom of expression. Nur Sajat has been granted asylum in Australia. It has
\nbeen reported that Malaysia is looking at an extradition request to Australia.
\nThis will most likely be rejected if it is sought on the basis of the charge in
\nthe Syariah Court.\u00a0 <\/p>\n
\u00a0<\/p>\n
“The States’ power to make Islamic offences is limited only
\nto personal religious offences. This is the constitutional framework. There is
\nnothing wrong if one disagrees with this. However, what is wrong is to
\nmisrepresent and misapply the Federal Constitution. <\/p>\n
\u00a0<\/p>\n
It is apparent that certain state governments are expanding
\nthe role of Islam in a manner not contemplated under the Federal Constitution.
\nAlthough some might disagree with the vice, condoning or supporting such bans
\nis a slippery slope we should not go down,” concluded Surendra Ananth, a
\nMalaysian lawyer who is passionate about creating discourse surrounding Civil
\nLitigation, Commercial Law, Constitutional Law, Administrative Law and
\nAlternative Dispute Resolution in Malaysia. <\/p>\n
\u00a0<\/p>\n
Most constitutional law cases involve challenges against the
\ngovernment. There are not many lawyers who handle such cases. Surendra hopes
\nthat by speaking up, more lawyers will take up such challenges to ensure that
\nthe rights of the individual are protected. He was admitted to practice as an
\nAdvocate and Solicitor of the High Court of Malaya in July 2015. He appears in
\nvarious public interest and civil litigation cases in all levels of the court.
\nHe is also a member of the Malaysian Bar Council.<\/p>\n
\nThe issuer is solely responsible for the content of this announcement.<\/i><\/p>\n<\/p><\/div>\n\n
Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"KUALA LUMPUR, MALAYSIA –\u00a0Media
OutReach\u00a0–\u00a029 November 2021 –\u00a0Malaysian law firm Surenda
Ananth Advocates & Solicitors issues a statement today on the
constitutional law impact on Malaysia and Malaysians following the recent ban
of 4D lottery shops in the northern state of Kedah. \u00a0 The Chief Minister of Kedah, Datuk Seri Muhammad Sanusi Md
Nor justified …<\/p>\n","protected":false},"author":1,"featured_media":19068,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[60],"tags":[],"_links":{"self":[{"href":"https:\/\/eodishasamachar.com\/en\/wp-json\/wp\/v2\/posts\/19067"}],"collection":[{"href":"https:\/\/eodishasamachar.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/eodishasamachar.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/eodishasamachar.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/eodishasamachar.com\/en\/wp-json\/wp\/v2\/comments?post=19067"}],"version-history":[{"count":0,"href":"https:\/\/eodishasamachar.com\/en\/wp-json\/wp\/v2\/posts\/19067\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/eodishasamachar.com\/en\/wp-json\/wp\/v2\/media\/19068"}],"wp:attachment":[{"href":"https:\/\/eodishasamachar.com\/en\/wp-json\/wp\/v2\/media?parent=19067"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/eodishasamachar.com\/en\/wp-json\/wp\/v2\/categories?post=19067"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/eodishasamachar.com\/en\/wp-json\/wp\/v2\/tags?post=19067"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}