M'sia a democracy not a theocracy, Zaid 'reminds' Umno over apex court ruling

In response to Umno’s reaction to the court verdict in Nik Elin Zurina and her daughter’s case against the Kelantan government, Datuk Zaid Ibrahim emphasized that Malaysia is not a theocracy. The former law minister expressed his concern over the reactions of Malay politicians, especially Umno, to the case, stating that it showed a lack of consideration for the country’s future.

He pointed out that since 1957, Malaysia has been a civil law country, not a theocracy. Zaid stated that civil laws are the primary source of laws governing the country, and not every religious law should be included in the legal system.

On February 9th, the Federal Court ruled that 16 provisions in the Kelantan Syariah Criminal Code Enactment (1) 2019 were null and void, as the state legislature did not have the authority to enact laws on said offenses. The ruling emphasized that there were federal laws covering the same matters.

Highlighting the distinction between personal laws and general body laws, Zaid criticized Malay politicians for their lack of understanding and explanation of the country’s legal system, emphasizing the choice between a democracy governed by general laws, or a theocracy akin to Afghanistan or Iran.

He further emphasized that Muslim leaders need to make the legal system more transparent, particularly in the collection and distribution of zakat funds by the Islamic Council.

Zaid warned of the potential consequences if the legal system breaks down, stating that it would impact not only non-Muslims but also affect economic rights, freedom, education, and culture. He emphasized that criminal laws would engulf individuals based on their morals, leading to an unrecognizable Malaysia.

In response to the Federal Court ruling, Umno announced its intention to ask the Federal Government to consider a constitutional amendment to empower the Syariah legal system. Its deputy president, Datuk Seri Mohamad Hasan, emphasized the need to prevent a repeat of issues surrounding the ruling over the Kelantan Syariah criminal enactment.