Shariah police conflicts with Constitution, experts warn

The Malaysian Insider 
by MD IZWAN

Putrajaya's proposal for a Shariah police force is in conflict with the Federal Constitution as Islam is a state matter and there would be authority issues with the national police force, say constitutional experts.

Lawyer Syahredzan Johan stressed that religious authorities and the police are two separate enforcement agencies in Malaysia.

"Both these bodies have different tasks and responsibilities. If combined, it is bound to create an issue because of their fields of authority," he told The Malaysian Insider.

 

Syahredzan said religious agencies were under their respective states while the police were answerable to Putrajaya.

"The formation of the Shariah police unit cannot come to be because the Federal Constitution is clear on the division of authority between the state and Federal government."

He said if the Shariah police unit is set up, the government is clearly overstepping their authority and overriding the Federal Constitution.

Syahredzan noted that another potential problem was whether the police officers seconded to the religious authorities would come under the ambit of the state or federal law.

"This is because both the state and federal governments have different sets of rules," Syahredzan said.

He questioned the authority and powers which to be vested in the police's Shariah unit, wondering how the police could have authority in Islamic issues.

On Saturday, Malaysian Islamic Development Department (Jakim) director-general Datuk Othman Mustafa said the setting up of the police Shariah unit would be finalised soon.

He said the Department of Islamic Development Malaysia (Jakim), the Home Ministry and police would be meeting soon to discuss the matter.

Constitutional expert Dr Abdul Aziz Bari criticised Putrajaya's decision to set up the unit, saying the police were supposed to uphold internal security and public order.

"I do not think that religion falls within the realm of the police. How is the Shariah police unit supposed to be included in the Police Act?"

"The police should just concentrate on upholding public order and enforcing the law," Abdul Aziz told The Malaysian Insider.

He said the proposal to set up such a unit was an attempt to increase the burden and pressure of the police force.

"They have not even properly executed their primary responsibilities and already have a lot of work. Do they need more on their plate?"

Abdul Aziz said there was no need to look for additional tasks when the present chores had not been completed.

Syahredzan meanwhile questioned the legality of setting up the police Shariah unit as it had never been mentioned in Parliament.

"How can the Federal government just make a snap decision without at least discussing the matter in Parliament?"

He expressed concern that this was Putrajaya's snap reaction to tackle the Shia issue and human rights coalition Comango, or Coalition of Malaysian NGOs in the UPR Process

Umno leaders have labeled both as potential threats to the sanctity of Islam in Malaysia.

Meanwhile, legal expert Associate Professor Dr Azmi Sharom said the formation of a police Shariah unit was not certain yet as many issues had yet to be resolved.

"We have to ask ourselves, do we need or want a moral police unit?" he told The Malaysian Insider. - January 27, 2014.