Thursday, July 17, 2008

Anwar & the Syariah Court


Hi,

Intro:

Anwar in response to his allegation of sodomy, filed legal suit against the accuser in Civil court (for false report) and the Syariah Court under Qazaf proceeding.

Let us do some analytical thinking...

  1. why Anwar choose to bring under the proceeding of syariah court via allegation qazaf, why not leave under normal civil court proceeding?
  2. it is because that he still in 'trauma' believing the civil court after what he has been gone through 10 years ago. And still giving a wrong signal to public that civil court's itegrity still in doubt?
  3. or it is because this time Anwar wants to start putting his fate in syariah court.
  4. it is common knowledge that, the syariah court has a very limited jurisdiction and power, and yet Anwar still hoping in the court.
  5. not many people familiar with the qazaf proceeding, not even most of practicing lawyers except those having syariah law background.
  6. in my opinion the qazaf proceeding is rare proceeding in Malaysia, the good things is, Anwar has indirectly promoted the jurisdiction of syariah court. Don't be surprise that after this we will hear a lot other people come to the court try to use the same proceeding.
  7. on the other hand, general public is very curious to see how the syariah court handle the case, this is because the court's integrity has never been tested before in view of political saga.
  8. Being said that, should the court deliver its judgment agaisnt the interest of Anwar, it may face wrong perseption from the public especially from Anwar's supporters.
  9. On the other hand, if the court decides for Anwar's interest, what would be the consequences? it does not have enough jurisdiction to severely punish the false accuser. My opinion is, the punishment is not something even Anwar seeking at the moment, it is the political gain and more important to clear his name.
  10. Be it as it is, I hope syariah court does not fall into 'public judgment' and maintain its high integrity as it should be (or always be).
regards,
Kamarul Irzuan

the picture of Syariah Courts complex in Ipoh, Perak.

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