Thursday, August 23, 2007
Chief Justice's calls to free colonization of the Malaysian Judiciary!
I refer to the latest developments regarding the proposal by the Chief Justice of Malaysia, Tun Ahmad Fairuz Sheikh Abdul Halim, to abolish the usage of the the English Common Law in favor of our own system of civil laws.
For the learned Chief Justice to speak up so clearly and state his wish to free this nation's legal system from further colonization of the judiciary speaks volumes about his ideals and principles in wanting to rid this nation, once and for all from the vestiges of the British Colonial chains still loved and adulated by the majority of the legal fraternity here!
Sometimes, one doesn't have to be a legal eagle to be able to see where Tun Ahmad Fairuz intends to bring this nation to?
Its not easy to change the mindset of the people at large who have been colonialized all these while by the notion that whatever comes from the West is definitely the best and the Eastern values are subservient to the English, who have succeeded in driving deep the stakes of their colonizing agenda even to the stage of it being self generating in its affects of supremacy, over the rest of the world to this very day!
The British must be gloating to see our Bar Council's objection to the Chief Justice's wish to break the shackles of the colonial mindset from our legal system!
I for one am all for the Chief Justice's proposal to ask the legal practitioners here to give serious thought and considerations as to why we can't come up with our own system of civil laws when we are no longer in servitude to the British Empire?
Are Malaysians incapable of governing themselves?
Is it due to the wishy washy administration running the government of today that makes the Bar Council have its reservations in rising up to the Chief Justice's call for us to be our own masters and have our own rules and regulations?
Let's give Tun Fairuz a chance to present his views clearly in the Parliament.
Surely, being the Chief Justice of this nation, warrants him to look after all our interests and not just that of the Malaysian Muslims?
Is it because his call was made at a seminar organised by the Islamic Understanding Institute of Malaysia a.k.a IKIM @ Institut Kefahaman Islam Malaysia on Tuesday?
Those who are debating as to whether the Chief Justice is right or wrong in his call must free themselves from racial and religious bias against the Honorable Chief Justice and try to see where and what his visions are about this serious matter?
We have to acknowledge that many amongst the legal fraternity especially from amongst the Non Muslim lawyers weren't exactly thrilled by his decision not to allow the apostate from Islam, Azalina binti Jailani a.k.a Lina Joy to have her way with wanting to remove the status of 'Islam' from her MyKad recently!
To us Muslims of Malaysia, naturally we were in full support of the Chief Justice's final decision on her case.
I can understand that Tun Ahmad Fairuz would not be in the top favourite list of all those who so wanted to see the apostate be legally allowed to fulfill her's and her sponsor's wish to set such a precedent in the applications to apostate here in Malaysia!
Even if such dissatisfaction's will never be stated openly by those in the legal fraternity who support Lina Joy, such ill will towards the Chief Justice's would surface in other ways through the emergence of issues as serious and important as this one, where his learned self calls for the removal of the last vestiges of the British Colonial system from our judiciary.
I say, give the Chief Justice room for him to present his case and let the learned one speak freely as to why he calls for such a measure?
If it is because the Bar Council fears the advent of the Islamic Syaria to replace the English Common Law , then I for one think that they should come up with their counter suggestions ONLY after Tun Ahmad Fairuz has presented his suggestions at the Parliament and not before they get the full picture of his intentions in black and white!
It is not wise to pass judgments and objections about his proposals before the Chief Justice has been given his chance to state his suggestions properly before the nation.
Where is the respect and honor that the Chief Justice deserves to be accorded to when just based on newspaper reports, the Bar Council starts getting offensive against his proposal?
Let's give Tun Fairuz his opportunity to present it to the nation and take it from there.