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Sharia v. civil law in Malaysia

9 posts in this topic

Posted

Religion causes enough problems, but now it seems it is exploited in Malaysia for personal ends.

I see few positive signs in the Muslim world of that particular religion joining the modern era.

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Posted (edited)

What's wrong with Sharia Courts?

There are also Sharia courts in UK. At least 85 courts!

In this case mentioned Islam cannot be blamed.

To blame is this Chinese woman, who converted from Buddhism to Islam to get custody of their daughter -

"If my wife is in a good mood, then she'll allow me to see our daughter. If not, then she won't," he says.

You were asking for troubles Mr. Tan and you get them.

The only advice I can give you is also to convert to Islam and I think, you might win in the Sharia Court.

"This type of case is very difficult to resolve in Malaysia because Islam is supreme."

For sure, Mr. Tan, you are much better off than in any Western country where there is NO choice for you. Don't complain!

For the first time last year, Malaysian authorities caned women under Sharia law. The three women sentenced were found guilty of having sex outside of marriage.

You were asking for it.

Men and boys are caned all the time in Malaysia and Singapore (which is not Muslim). Often in a very cruel way. Nobody cares.

I was thinking women were asking for equality?

  • Islam - 61.3%
  • Buddhism - 19.8%
  • Christianity - 9.2%
  • Hinduism - 6.3%
  • Other religions - 1.7%
  • No religion - 0.7%

Source: Malaysian Population and Housing Census, 2010

Yes, Islam is the majority in Malaysia, but Muslims are not even holding a 2/3 majority. However the opposition is divided in many groups and this is the problem.

Edited by yohan

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Posted

I didn't say there was anything wrong with Sharia law per se, in so far as it only affects Muslims and no one else. Where there is a problem, as in this case, is when Sharia law apparently has at least equal status with civil law. Even if technically that isn't the situation in Malaysia, the reality is that this court case has been dragging on for ages, so the balance of power has yet to be decided.

The secondary problem is when Sharia law can be manipulated by unscrupulous individuals, as on this occasion.

And personally I think Islam is partly to blame, as without all the superstitious nonsense we see in fundamentalist applications of monotheist traditions, we would have put a lot of these medieval beliefs and practices well behind us by now.

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Posted

.....as it only affects Muslims and no one else.

.....when Sharia law apparently has at least equal status with civil law.

.....the reality is that this court case has been dragging on for ages, so the balance of power has yet to be decided.

Well, I can give you many examples where Western courts are dragging on for decades, despite there is only Western law and nothing else.

Western courts are in no way faster with their decisions than Islamic courts.

About balance of power, you might consider the situation between laws in UK, Sweden and EU-law. Julian Assange comes in my mind.

Western laws/courts are not unified, even not in USA among the federal states and in EU among its members. Cases with civil law like divorce and custody rights related children with a couple holding different citizenship can go on for years.

Sharia law can be manipulated by unscrupulous individuals, as on this occasion.

Western civil laws are even much more manipulated - it depends first of all of your wallet, who pays these expensive legal fees? Civil laws are not everywhere the same, it depends where you are living. It often even depends on your gender etc. especially in case of family law...

Why should civil law have a higher status than Sharia law in Malaysia?

.....as without all the superstitious nonsense we see in fundamentalist applications of monotheist traditions, we would have put a lot of these medieval beliefs and practices well behind us by now...

Buddhism/Hinduism contain even more superstitious 'nonsense' - and it seems citizens whose countries abandoned totally religion are not very good off either - NorthKorea is the most significant example.

Less significant but highly troublesome is the so-called Western political correctness, which often protects the criminal more than the victim.

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Posted

I didn't say there was anything wrong with Sharia law per se, in so far as it only affects Muslims and no one else. Where there is a problem, as in this case, is when Sharia law apparently has at least equal status with civil law. Even if technically that isn't the situation in Malaysia, the reality is that this court case has been dragging on for ages, so the balance of power has yet to be decided.

Which is why most countries separate government and religion. Would you want the Christian church (and in that, which one?) telling you what you can and can't do in your own country if you're not a Christian? And just how "Christian" do you want this? The whole right-wing, Bible-thumping rule of law as it is written in the Scriptures will make a lot of us very upset- which goes without saying- and will serve, in the opinion of many, to undo the good that enlightenment has brought us.

The problem with Islam in Malaysia- if indeed you wish to view it as a problem- is deeper than that. Islam, even for Malays, has been adopted long after cultural traditions prior to Islamicisation became entrenched in their social and daily lives. Cultural traditions such as singing and dancing are now being ruled "unislamic". You cannot be a Malay Malaysian without being a Muslim. That's in their constitution, and has ramifications if you deny your religion. In fact, it has only come up again quite recently that some authorities in Malaysia want penalties for apostacy.

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Posted

Slightly off-topic but if you are a man and want custody/visiting rights/influence in your child's life and she decides 'no way', then its a no-holds-barred contest.

If changing religion is what it takes then it will get taken.

If I sound bitter and angry (and broke), its because I am.

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Posted

"The secondary problem is when Sharia law can be manipulated by unscrupulous individuals, as on this occasion. "

depends whose point of view.. in proving someone guilty.. yes.. if proving someone not guilty.. just gotta sway 1 of 12..

This is where it becomes difficult.. if your religion tells you that religion is greater then state.. that these are the laws you must believe in.. you can't separate it..

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Posted

KUALA LUMPUR (Reuters) - Malaysian courts hearing Islamic finance disputes must refer to national sharia advisors under a proposed change, the central bank chief said on Friday, as the country seeks to boost its image as an Islamic finance hub.

Under proposed changes to the law, judges would be guided by either the central bank or the capital market regulator's sharia advisory body in deciding Islamic banking matters, Zeti Akhtar Aziz said.

(snip)

Mostly Muslim Malaysia has the world's largest Islamic bond market and wants be a hub for international sharia banking and insurance and fund and wealth management businesses.

Islamic banking matters in Malaysia are heard in civil law courts staffed by judges who are not formally trained in sharia.

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Posted

It is very difficult and not efficient to keep 2 different legal systems - one for Muslims, one for non-Muslims.

So far I see, Malaysia is slowly adding a little by little for Muslims, and never adding something for non-Muslims.

For how long - is the question.

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