According to former de facto law minister Zaid
Ibrahim, a judge at a civil court should not say that a remedy cannot be
found here at a High Court.
Zaid, who was present at the Kuala Lumpur High Court to hear the verdict in the Kassim Ahmad matter, said he had been brought up to recognise that there is only one court system in Malaysia - namely, the civil court.
Describing the whole country's law situation as being in disarray, Zaid noted that he was not surprised with today's decision.
"The Syariah Court is considered the subordinate court, which is inferior. A judge at a civil court should never say that the remedy is not here (at the High Court), as there is no such thing," he added.
"If
you want to dismiss (an application) based on the facts, it is all
right. If you want to dismiss it based on the law, make sure it is the
right law.
"But in this country, there is no court higher than the civil court. There is no remedy that one could get anywhere else except the civil court," Zaid stressed.
Throughout the verdict, Justice Asmabi Mohamad did not rule on the possible constitutional violations raised by Kassim's (right) lawyer, following the Federal Territory Islamic Department’s act of arresting him outside their jurisdiction at his home in Kulim, Kedah.
In dismissing the 82-year-old’s judicial review, Justice Asmabi ruled that Kassim should seek remedy at the Syariah Court.
However, Zaid pointed out that constitutional issues should be decided by the civil courts and not the Syariah Court.
This is because civil courts are empowered to interpret on constitutional issues.
Zaid, who was present at the Kuala Lumpur High Court to hear the verdict in the Kassim Ahmad matter, said he had been brought up to recognise that there is only one court system in Malaysia - namely, the civil court.
Describing the whole country's law situation as being in disarray, Zaid noted that he was not surprised with today's decision.
"The Syariah Court is considered the subordinate court, which is inferior. A judge at a civil court should never say that the remedy is not here (at the High Court), as there is no such thing," he added.
"If
you want to dismiss (an application) based on the facts, it is all
right. If you want to dismiss it based on the law, make sure it is the
right law."But in this country, there is no court higher than the civil court. There is no remedy that one could get anywhere else except the civil court," Zaid stressed.
Throughout the verdict, Justice Asmabi Mohamad did not rule on the possible constitutional violations raised by Kassim's (right) lawyer, following the Federal Territory Islamic Department’s act of arresting him outside their jurisdiction at his home in Kulim, Kedah.
In dismissing the 82-year-old’s judicial review, Justice Asmabi ruled that Kassim should seek remedy at the Syariah Court.
However, Zaid pointed out that constitutional issues should be decided by the civil courts and not the Syariah Court.
This is because civil courts are empowered to interpret on constitutional issues.
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