The Chairman of Majlis Gagasan Malaysia, Manivannan Rethinam says that the IGP / Police job is to execute the court order and not to come up with his / their own order / verdict.
It is not the Police call to choose which court order to uphold or to weigh whether one court triumphs over the other. If the police does not respect the court order, then who would? It is the duty of the Police Job is to enforce the law.
Manivannan who is also the Vice Chairman of MIC National Information further added that under the Federal Constitution, Civil court’s status is above the Syariah court when it involves non-Muslim. The police force should be responsible towards the civil court order and they should only execute the civil court’s ruling.
This is what happens when we have two different laws based on religion in a secular country. The IGP is saying he has no choice because the Police are being sandwiched by 2 legal systems. These are the very reason why the non-Muslims are opposing the implementation of Hudud law.
Imagine the havoc it will do if Malaysia proceeds with the implementation of criminal law (Hudud) based Syariah, we may have hard-core criminals running free because Police will be taking the middle part just like the situation we are in now!!!
I am also wondering why only the non-Muslim leaders are making statement on what is the right thing to do except for YB Khairy Jamaluddin vague statement who stop short of what action the Police should take?Dear political and religious leaders of the country, please do not mix the religion and law, we need to put side the religion and decide based on the law of the country as per the Federal Constitution. It is not about who’s religion is better or powerful!!!
Article 121(1A) of the Federal Constitution states that civil courts had no jurisdiction over any matter within the purview of Syariah courts.
“However, Article 121(1A) was not meant to give Syariah courts superiority over civil courts. The intended effect is that civil courts should have no jurisdiction in matters within the jurisdiction of Syariah courts, for example, where two Muslims are in dispute over subject matters relating to their personal laws,”
In both custody cases, the marriage was a civil law marriage and the matter affects non-Muslims who the Syariah courts have no jurisdiction over. Therefore, the High Court should have jurisdiction in the present situation. Failure to comply with a High Court order would expose parties subjected to it to the risk of contempt of court.
What is so difficult about the law? I do not see the why the IGP is claiming he is being sandwiched by two laws? The law is very clear!!!
YAB Najib Razak, it is about time as the Prime Minister of all Malaysian, you should come out and make statement on this issue and bring a quick closure.
MANIVANNAN RETHINAM, A.M.P.
Chairman of Majlis Gagasan Malaysia