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Joint press statement
22nd October 2023
Daniel John Jambun President Borneo's Plight in Malaysia Foundation (BoPiMaFo)
Robert Pei
President Sabah Sarawak Rights Australia New Zealand (SSRANZ)
Kanul Gindol Chairman Gindol Initiative for Civil Society Borneo
Voon Lee Shan President party Bumi Kenyalang Sarawak
*Tafsir (interpretation) can bring Islam for compliance with the rule of law . . .*
*The rule of law, not Quran, is the basis of the Constitution!*
Islamic 'law' practices are not possible as the rule of law is the basis of the Constitution.
Islam is not law but based on the concept of sin. That's the same as Karma.
In Islam, sunnatullah means God's law on cause and effect i.e. Karma.
The Supreme Court of India has declared that syariah isn't law but based on a person's willingness to accept it.
It would be unconstitutional to impose syariah on anyone.
In jurisdiction, God isn't source in law.
Law must have source to have jurisdiction, authority and power.
The court of law is only about law.
The court of law isn't about ethics, moral values, civilisational values including that based on Islam, theology, sin, God, righteousness, justice or truth.
There's greater emphasis on the spirit of the law in the rule of law, the basis of the Constitution, albeit read with the letter of the law.
The letter of the law, by itself, isn't law at all. It's dictatorship, rule BY law, rule by Man, the law of the jungle where anything goes for acting with impunity.
There's no legitimacy in the letter of the law, by itself, no democracy, no consent of the governed, and there has been loss of sovereignty.
In the rule of law, the manner in which the accused was convicted comes first. Conviction can follow if it has been perfected in law for perfection in law.
There must be compliance with procedures, procedural fairness, due process, and compliance with the greater emphasis on the spirit of the law in the rule of law, the basis of the Constitution, albeit read with the letter of the law. The letter of the law, by itself, isn't law at all.
There's law, no law, and where there can be no law.
No law, no crime.
There must be law before crime.
Nullum crimen sine lege ( Latin for no crime without law), remains the principle in criminal law, national and international.
The principle is interchangeable with nullum poena sine lege (Latin for no punishment without law).
It isn't possible for anyone to know law.
Law, ultimately, remains the power of language, showing proof of wide reading, ability to think on law and like a lawyer, and ability to fathom how the other side and the judge would think and rule.
The judge is bound by what happens in court, the parties are bound by pleadings.
The court is about closure. There can be no closure without out of court settlement or finality in litigation.
Law schools, offering only academic programmes, often say that "it's a bit of a mystery where lawyers get skills".
Law schools don't impart courtroom skills and skills for law practice. Academic programmes can only be used for teaching law.
Islam remains about the Tafsir (interpretation) concept in the Quran.
Islam needs Tafsir throughout the ages, from time to time, for progressive thought in keeping with the times. Otherwise, Islam degenerates into Political Islam i.e. a form of rotten politics.
Tafsir may bring Islam one day to the rule of law.
In that case, as in Saudi Arabia, syariah would be considered as based on customary practices and therefore having force of law like Adat.
Adat is the 1st law in international law.
The Constitution, being based on the ultimate political documents which set forth the governing institutions of state, has force of law.
The Constitution is based on the Federation of Malaya Agreement 1948, the Federation of Malaya Independence Act 1957 and the Malaysia Agreement 1963 (MA'63).
The governing institutions of state in Malaysia cannot be based only on 1948 and 1957. It must be based on 1963 as well.
There must be compliance on MA'63.
If MA63 was validly made, then there must be strict compliance with this international treaty.
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