Attack on increased jurisdiction of Syariah courts unconstitutional and an affront to religious liberty — Azril Mohd Amin

Source: The Malay Mail Online

BY AZRIL MOHD AMIN

June 1 — The Centre for Human Rights Research and Advocacy (CENTHRA) reads with deep concern the joint statement by the Joint Action Group for Gender Equality (JAG) with regards to the Private Member’s Bill tabled by YB Dato’ Seri Haji Abdul Hadi Awang, Member of Parliament for Marang seeking to amend the Syariah Courts (Criminal Jurisdiction) Act 1965 (Amended 1984) to enable the increase of punishments meted out by the Syariah courts (Increasing powers of Syariah Courts may lead to rights violations, MalaysiaKini, 31 May 2016).

We note that the joint statement contains several factually inaccurate assertions as well as downright false and misleading claims, not to mention baseless accusations regarding the proposed Bill in particular, as well as the administration of criminal justice by the Syariah judiciary in general, which we feel compelled to address as well as redress, if only to put in proper perspective the issues surrounding this debate, considering, to borrow the statement’s own words, the level of debate this has generated in the public sphere. Read more

Federal Court recognises tort of sexual harassment

Source: Malaysiakini

Istana Kehakiman / Palace of Justice ― Picture by Yusof Mat Isa

Istana Kehakiman / Palace of Justice ― Picture by Yusof Mat Isa

JUNE 02 — There is a need to introduce the tort of sexual harassment into our legal system, the Federal Court decided today.

This is despite there being no legislation in place to award damages for sexual harassment in the workplace.

The Federal Court ruled as such in dismissing the appeal by a former Tabung Haji Risk Management Department general manager on a claim of sexual harassment by a former staff.

“After mulling over the matter, we arrived at a decision to undertake some judicial activism exercise and decide that it is timely to import the tort of harassment in our legal and judicial system, with sexual harassment being part of it,” Federal Court judge Suriyadi Halim Omar, who wrote the landmark judgment, said. Read more