The Federal Court says the function of BNM’s Shariah Advisory Council does not encroach the powers of the judiciary.
However, the minority – led by Chief Justice Richard Malanjum, Chief Judge of Malaya Zaharah Ibrahim, Chief Judge of Sabah and Sarawak David Wong Dak Wah and Idrus Harun – held that the binding nature of any SAC ruling was unconstitutional because it usurped the powers of the judiciary. Azahar said SAC’s function was lawful as Parliament could delegate its power to any branch of the executive.Alizatul said the civil court had no jurisdiction to determine shariah laws and the question of encroachment did not arise.
“It is a complete mockery if Parliament delegates judicial power to a branch of the executive,” he said, adding that Section 57 was unconstitutional and must be struck down. This became an issue because JRI was bearing all the maintenance cost and was therefore unable to service the loan repayment.
This bench by its majority vote has contravened our constitutional right and calls credibility into question. How can any institution be equal to Parliament, where members are elected by the Public to enshrine the laws. Such an insult to the bench and our judiciary.
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