{"id":7524,"date":"2001-02-20T18:23:29","date_gmt":"2001-02-20T10:23:29","guid":{"rendered":"https:\/\/sistersinislam.org\/?p=7524"},"modified":"2019-11-12T18:23:48","modified_gmt":"2019-11-12T10:23:48","slug":"memorandum-on-the-administration-of-justice-in-malaysia","status":"publish","type":"post","link":"https:\/\/sistersinislam.org\/memorandum-on-the-administration-of-justice-in-malaysia\/","title":{"rendered":"Memorandum on the Administration of Justice in Malaysia"},"content":{"rendered":"
Memorandum on the Administration of Justice in Malaysia<\/strong> YB Dato\u2019 Dr Rais Yatim Dear YB Dato\u2019,<\/p>\n In reference to newspaper reports that you will be submitting a report to the Cabinet on the administration of justice in the country, we would like to request that you would also take into consideration the situation in the syariah system. Even though this does not directly fall under your jurisdiction, as the Minister in charge of law in this country, we believe you do have the power and the influence to present this case to the cabinet. Any effort to improve the administration of justice in this country must include the syariah system.<\/p>\n There must be one standard of justice and administration of justice for all, Muslims and non-Muslims. Muslims cannot be treated as second class citizens and provided with second class service in this country in the name of religion, or rather misinterpretation of the religion.<\/p>\n Since 1993, Sisters in Islam, either alone or jointly with other women\u2019s groups, has submitted seven memoranda to the Government on various issues of concern in the administration of justice in the syariah system, especially where it affects women. These memoranda are on: the Kelantan Shari\u2019ah Criminal Bill (1993); the Domestic Violence Bill (1994); the Islamic Family Law on Polygamy (jointly, 1996); the Islamic Family Law and Administration of Justice in the Syari\u2019ah System (jointly, 1997); the Syariah Criminal Offences Act and Fundamental Liberties (1997); the equal right to guardianship for Muslim women (jointly, 1998), Syariah Court Proceedings and the Experience of Single Mothers in Selangor and the Federal Territories (2000), and the fatwa on faraidh distribution of EPF and SOCSO monies (jointly, 2000).<\/p>\n We enclose the last five memoranda for your consideration.<\/p>\n The women\u2019s groups in the country are very concerned with the growing intolerance, conservatism and discrimination against Muslim women in the name of Islam. This is reflected in several actions by the Government and various state religious authorities in the past 10 years:<\/p>\n These developments are of concern to us as they infringe our constitutional guarantee that all persons are equal before the law and are entitled to the equal protection of the law and they also infringe the fundamental liberties of the citizen in a democratic state.<\/p>\n Permit us to highlight to you some of the many proposals for reform in the administration of justice in the syariah system that we have submitted to the Government in the past several years (further details are in the various memoranda):<\/p>\n One reason why the doctrine of binding precedent did not evolve in Islam is due to the belief that the opinion of one mujtahid can never be regarded as the final wisdom in understanding the infinite message of the Qur\u2019an.<\/p>\n Another \u2018alim can give an equally valid opinion based on his learned understanding of the text. In the context of law-making in a democracy, these differences of opinion should be debated and the legislative body will then decide which opinion it wants to turn into law.<\/p>\n We do hope YB Datuk will be able to play a major role in ensuring that the administration of justice in the syariah system will improve and that eventually Malaysian citizens can enjoy the same high standard of justice and quality of services provided by both the civil and syariah systems.<\/p>\n We look forward to meeting with you to discuss all these issues of concern.<\/p>\n Yours sincerely,<\/p>\n Zainah Anwar Yasmeen Sharif c.c: YB Datuk Shahrizat Abdul Jalil, Minister, Ministry of Women and Family Development. <\/p>\n","protected":false},"excerpt":{"rendered":" Memorandum on the Administration of Justice in Malaysia<\/p>\n","protected":false},"author":1,"featured_media":11531,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[80],"tags":[],"acf":[],"_links":{"self":[{"href":"https:\/\/sistersinislam.org\/wp-json\/wp\/v2\/posts\/7524"}],"collection":[{"href":"https:\/\/sistersinislam.org\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/sistersinislam.org\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/sistersinislam.org\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/sistersinislam.org\/wp-json\/wp\/v2\/comments?post=7524"}],"version-history":[{"count":0,"href":"https:\/\/sistersinislam.org\/wp-json\/wp\/v2\/posts\/7524\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/sistersinislam.org\/wp-json\/wp\/v2\/media\/11531"}],"wp:attachment":[{"href":"https:\/\/sistersinislam.org\/wp-json\/wp\/v2\/media?parent=7524"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/sistersinislam.org\/wp-json\/wp\/v2\/categories?post=7524"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/sistersinislam.org\/wp-json\/wp\/v2\/tags?post=7524"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\n20 February 2001 <\/strong><\/p>\n
\nMinister
\nPrime Minister\u2019s Department
\nAras 3, Blok Barat
\nBangunan Perdana Putra
\nPusat Pentadbiran Kerajaan Persekutuan
\n62502 Putrajaya<\/p>\n\n
\n
\n
\nExecutive Director
\nSisters in Islam<\/p>\n
\nVice-President
\nAssociation of Women Lawyers<\/p>\n
\nY Bhg Dato\u2019 Ainom Said, Attorney General, Jabatan Peguam Negara Malaysia.
\no\/b: All Women\u2019s Action Society (AWAM)
\nNational Council of Women\u2019s Organisation (NCWO)
\nPertubuhan Tindakan Wanita Islam (Pertiwi)
\nPan Pacific and Southeast Asia Women Association of Malaysia (Persewa)
\nPusat Khidmat Wanita (PKW)
\nWomen\u2019s Aid Organisation (WAO)<\/p>\n