Gerakan agrees with Bar Council viewpoint on fatwa enactment in Kedah
This issue should be taken seriously by the people especially the Kedahans as it is a serious offense to the human rights that goes against the spirit of the law and an overt violation to the doctrine of separation of powers
Monday, 11 June 2012
In referring to the remarks by Bar Council president Lim Chee Wee on last Thursday (7 June) that pointed out the recent amendment to the Kedah Mufti and Fatwa Enactment (2008) on 17 April barring all fatwas or edicts from being challenged in courts is unconstitutional, Kedah Gerakan Chairman cum Derga State Assemblyman Dr. Cheah Soon Hai welcomes his critical comment on the issue and is very much agree with the viewpoint of the Malaysian Bar chief.
Dr. Cheah shares profoundly the same disquiet and concern of the Bar Council on the issue. He strongly feels that the amendment has made the fatwas in Kedah absolute, immune to challenge in any civil or Syariah court, which is essentially unconstitutional. The BN ADUNs have vehemently opposed the amendment when it was tabled during the last state assembly in April, but DAP and PKR have kept quiet and let the PAS ADUNs to bulldoze the amendment.
“This issue should be taken seriously by the people especially the Kedahans as it is a serious offense to the human rights that goes against the spirit of the law and an overt violation to the doctrine of separation of powers that is essential for the democratic system in the country with fundamental check and balance on the three branches of government – the legislative, judiciary and executive. For this reason, we are certainly cannot afford to underestimate or overlook the issue for being apathetic and impassive,” stressed Dr. Cheah.
Therefore in this regard, Gerakan Kedah challenges the top leadership of Pakatan Rakyat to clarify their stand on this matter. Unlike the DAP Chairman Karpal Singh who himself is a senior and prominent lawyer has since commented on this issue, the DAP Secretary-General Lim Guan Eng who has been vocal to address the social injustice all the while has surprisingly opted to keep his silence on this issue.
“It is a serious issue that requires mutual consensus transcending the partisan barriers, the top leadership of Pakatan Rakyat should stand up and voice their opposition on the unconstitutional amendment by the Kedah PAS state government which is utterly against the democracy and liberality exalted in the Buku Jingga. They should resolutely oppose the unconstitutional amendment of their own alliance with courage and wise, truly fulfilling their role and responsibility as the representatives of the people,” said Dr. Cheah.