The appellate court's decision that a Shariah law preventing cross-dressing by men is unconstitutional is a challenge to the status of Islamic law in the country, the PAS Dewan Ulama said today.Information chief Datuk Dr Mohd Khairuddin Aman Razali said the position of Islamic law has been acknowledged in the Federal Constitution but it is now being challenged by the appellate court's decision," Khairuddin said in a statement.
On Friday, the Court of Appeal ruled that Section 66 of the Negri Sembilan Shariah Criminal Enactment 1992, was illegal.
The section outlaws any Muslim man from wearing "a woman's attire and posing as a woman”. It carries a punishment of a fine not exceeding RM1,000 or jail of not more than six months or both.
A three-man bench, led by Justice Datuk Hishamudin Mohd Yunus, ruled that Section 66 of the Shariah law in the state contravened constitutional provisions that guarantee personal liberty, equality, freedom of movement, and freedom of expression.
It also said the particular law was discriminatory as it fails to recognise men diagnosed with the Gender Identity Disorder (GID), or transgenderism.
"The decision on Friday has now become a challenge towards the position of Islamic law in Malaysia," Khairuddin said.
Besides challenging the position of Islam, Khairuddin also pointed out that the decision had cast doubt on how far the sanctity and sovereignty of Islam was upheld.
He rejected the appellate court's decision saying that Islam had been recognised as the official religion of the Federation and should not be analysed through colonial views.
"The recognition of Islam as the official religion of the Federation should not be interpreted through colonial views.
"Islam should be interpreted as a way of life with all of its laws considered as the highest interpretation in Malaysia."
Khairuddin expressed concern that this would have a big implication on the future of Shariah laws being used in cases.
"This decision will open more spaces for other quarters to come forward and dispute the validity of Shariah laws at state levels," he said.
There will be quarters who will openly challenge Islamic practices and virtues because they feel they will be protected by the Federal Constitution, he warned.
Khairuddin said the PAS Dewan Ulama urged the religious authorities of Negri Sembilan to file an appeal with the Federal Court. – November 9, 2014.
- See more at: http://www.themalaysianinsider.com/malaysia/article/pas-dewan-ulama-calls-decision-on-transgender-case-a-challenge-to-islamic-l#sthash.Zhfvh9v7.dpuf
No comments:
Post a Comment