PETALING JAYA: Former chief justice Ahmad Fairuz Abdul Halim has misread the Federal Constitution and ignored a judicial precedent in claiming that Islamic law is above civil legislations, a retired judge said today.
Former Federal Court judge Gopal Sri Ram said Fairuz should not read in isolation a single provision – Article 3(1) which states that Islam is the religion of the Federation – to assert Islamic law’s applicability in Malaysia.
He said Article 4(1) made it clear that any law that came into force after Merdeka Day on Aug 31, 1957 and which was inconsistent with the supreme law of the land (the Constitution) shall be invalid.
He said it was important to note that Article 4(1) says “inconsistent with this constitution” and not “inconsistent with any provision of this constitution”.
“Therefore, Article 3(1) which says that Islam shall be the religion of the Federation is irrelevant when testing the constitutional validity of a post-Merdeka law,” said Sri Ram. Continue reading