The Attorney General Chambers has issued a statement to say that it has established a ‘Syariah And Law Harmonizing Division”. I believe this sudden interest in ‘harmonising’ Syariah law is an upshot of the recent Indira Gandhi’s Conversion challenge which among others has reiterated the secular nature and basic structure of our Federal Constitution.

Why the sudden inclination to set up this Department which among others is to “resolve conflict between civil and Shariah law”?

This assertion for wanting a Department somehow tickles me as it shows the AGC wants to be in top on how laws are framed in this country.

The AGC is not the law maker!

The AGC should first realize it works under the frame work of the Federal Constitution and in particular it should not only be seen as harmonizing the laws to be ‘Syariah compliant’ but also to ensure that necessary protection is accorded to non-Muslims. By doing so the AGC will be streamlining and putting into effect Article 3 of the Federal Constitution which states:

(1) Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation.

The AGC’s first priority should be adhering strictly to the aspirations and the needs as spelled out in the Federal Constitution. AGC should be an implementing arm of the Government. It should be clear in its tasks and obligations and must protect the basic structure and secular nature of the Constitution.

Further, Islam and Syariah matters come within State jurisdiction as provided under the State List of the Federal Constitution. Further, each state can allocate monies for the furtherance of Syariah matters and policy incentives as provided by the Constitution. For AGC to go out of its way to promote ‘harmonizing’ Syariah matters without mentioning on ‘harmonizing’ non-muslim matters and interest shows the lack of understanding and appreciation of our Constitution.

As laid down in the Indira Gandhi’s case:“The basic structure of the Constitution cannot be amended or changed at the whims and fancies of the Government of the day.”

AGC should instead take it upon itself to explain the “Basic structure“ principle to the Government of the day rather than trying to undermine it by trying to get around to frustrate the intention of the Constitution by forming a Syariah Harmonization division.

I am given to understand there may be many lawyers in the AGC to push and achieve their own political and religious agenda. I suggest a revamping of the AGC department and I suggest to inculcate the need to adhere strictly to the intentions and needs of the Constitution into all the lawyers. Anything less would be letting down the people for whom the Government and its department should serving.

The AGC’s act must be based on government policy of the day. In 2009, the Government through its Cabinet decision has decided that the non-muslim children whose mother or father converted into Islam the child’s religion shall remain status quo till the child reaches age of majority. This Cabinet policy was announced by Minister Nazri.

Despite that, I am dumbfounded that the AGC fought against this Cabinet policy on Indira Gandhi’s case all the way up to the Federal Court. It took 9 years for us to reassert the said Cabinet policy through the Courts!! We did the work for the Government!! Clearly, the AGC has gone against the policies of the government of the day.

AGC and its members should not pursue their own religious or political agenda while putting the Federal Constitution at stake. Time has come for the AGC to clean its back yard and bounce back to the primary purpose it was created for.

Finally, I urge the AGC as it is embarking on a new policy on “harmonization” process to enlighten the citizens if this new direction is at the behest of the Cabinet or the Minister concerned.

Regrettably, I as a Parliamentarian, is totally unaware of the AGC’s new dynamics and thus I call for the presentation of a white paper on this so-called ‘division’ in the next sitting of Parliament.