Shahrir queries Cabinet decision to defer law

The Sun, Kuala Lumpur
Shahrir queries Cabinet decision to defer law
B. Suresh Ram, Thu, 12 Jan 2006

KUALA LUMPUR: Barisan Nasional Backbenchers Club president Datuk Shahrir Abdul Samad says he is puzzled as to why the cabinet felt the need to defer the Islamic Family Law (Federal Territories) (No. 2) Act only now.

"The bill for the legislation originated from the government. When we discussed it in the Dewan Rakyat (last November) we were also not happy with it," he said. He said "in fact, the MPs in their debate told the government to take the bill back to make the necessary changes".

"We welcome it (to defer the implementation of the act) but the question remains, what happened ?" "Why defer now, after the bill has been endorsed by the Dewan Rakyat and the Senate? Instead of going through all the trouble, the government ould have gone through and scrutinised it before tabling," he added.

Shahrir also questioned the cabinet's second thoughts of implementing the legislation. The Malaysian Syariah Lawyers Association says the move by the cabinet to defer the gazetting and implementation of the law would only lead to more controversies. Association president Muhamad Burok said: "The bill was controversial when it was debated and finally passed by Parliament last December. Now with the cabinet decides to defer the implementation of the law."

This only shows there is no separation of law between the three organs of legislative, executive and the judiciary," he said, when contacted yesterday. "We are a little disappointed (with the decision)," he said."The law has been passed by both houses of Parliament but now the Executive says that it will nor proceed with it," he added.

He said the due process of the law (when it comes to the application of the law) should take its course and "we can review it". Muhamad said the Executive's decision would set a precedent on such matters (in the enforcement of future laws) in the future."The system of democracy in our country is now open for questioning following such a move," he added.

Meanwhile, National Human Rights Society (Hakam) spokesman Malik Imtiaz said the cabinet decision was a good move."It will allow for a full understanding of all the issues involved in the law before implementation. "Besides reviewing the provisions of the law, the government should take into account the view sof women groups and civil society, such as human rights groups," he added.

Awam also welcomed the move to defer the implementation of the law."It is heratening that they are aware of it and putting a stop to it," said Awam president Judith Loh. However, she said the question remains as to who were the parties engaged in the scrutinisation process, as well as how the process will be conducted.

"The civil society as well as Muslim women throughout the country should be involved and engaged in the scrutinisation of the bill," he added.