Hadi’s bill: Maximum sentence open to abuse, says ex-judge

Source: FMT News

Civil society, politicians deserve an explanation, especially with existing punishments meted out by shariah courts considered high, says Mohamad Ariff Md Yusof. Pic form FMT News.

Civil society, politicians deserve an explanation, especially with existing punishments meted out by shariah courts considered high, says Mohamad Ariff Md Yusof. Pic from FMT News.

KUALA LUMPUR: PAS president Abdul Hadi Awang’s amended motion to enhance Shariah punishments is constitutional but the request for maximum penalty is too harsh, says a retired judge.

Mohamad Ariff Md Yusof said there was no justification in the Marang MP’s proposal in his Private Member’s Bill, to mete out sentences of up to 30 years’ jail, RM100,000 fine, and 100 strokes of light caning.

“I suggest civil society and politicians ask the promoters of the motion to justify why there must be maximum punishment,” the retired Court of Appeal judge said.

He added that the current maximum RM5,000 fine was already considered high when meted out by a shariah court.

Ariff said this when delivering a public lecture titled “Amendments to Shariah Courts (Criminal Jurisdiction) Act 1965 – Constitutional and Practical” at the Universiti Malaya Law Faculty yesterday. Read more

Syariah amendments constitutional, says former judge

Source: The Star Online

Retired Court of Appeal judge Datuk Mohamad Ariff Md Yusof said the [amended RUU355] Bill would be constitutional if the crimes it addressed did not overlap with matters included in the Federal List, including murder, rape, robbery and theft.

hudud judge forum

Retired Court of Appeal judge Datuk Mohamad Ariff Md Yusof speaking at a lecture on the legality of the proposed amendments to the Syariah Courts (Criminal Jurisdiction) Act (Act 355). Pic taken from The Star Online.

PETALING JAYA: Amendments to the Syariah Courts (Criminal Jurisdiction) Act (Act 355) are constitutional, but the proposed upper limits of its punishments are too high, warns retired Court of Appeal judge Datuk Mohamad Ariff Md Yusof.

He said attempting to set higher punishments through the Syariah courts would destroy the precepts that these courts were of limited power.

“Can it be done? Yes. Should it be done? No, I believe the upper limits are simply too high,” he said during a lecture on the legality of the proposed amendments to the Syariah Courts (Criminal Jurisdiction) Act (Act 355). Read more

Constitutional Law Lecture Series – Second Lecture: “Amendments to Syariah Courts (Criminal Jurisdiction) Act 1965 – Constitutional & Practical Issues”

constilawlectureseries

16 February 2017 · 5:30 pm—7:30 pm · Auditorium Tun Mohamed Suffian, Faculty of Law, UM

2ND LECTURE

“AMENDMENTS TO SYARIAH COURTS (CRIMINAL JURISDICTION) ACT 1965 — CONSTITUTIONAL & PRACTICAL ISSUES”

Guest Speaker: Dato’ Mohamad Ariff bin Md Yusof

Retired Court of Appeal Judge Mohamad Ariff Yusof - pic from FMT News

Retired Court of Appeal Judge Mohamad Ariff Yusof – pic from FMT News

Dato’ Mohamad Ariff bin Md Yusof is a retired Judge of the Court of Appeal, Malaysia. Beginning with a career as a law lecturer in 1974 and subsequently an Associate Professor and Deputy Dean of the Law Faculty of the University of Malaya from 1974 to 1985, he then practised as an advocate and solicitor from 1986 and was one of the founding partners of Messrs. Cheang & Ariff. He took leave from legal practice between 1993 and 1995 to join the newly-formed Securities Commission of Malaysia and became the first Director of its Market Supervision Department. He became a Judicial Commissioner, High Court of Malaya in 2008, later a Judge of the High Court, and thereafter became a Judge of the Court of Appeal in 2012. He retired from the Malaysian Judiciary in early 2015 and is currently a consultant at Messrs. Cheang & Ariff.


Background:

On 26 May 2016, Datuk Seri Abdul Hadi Awang, President of Parti Islam Se-Malaysia (PAS) presented a Private Member’s Bill in the Dewan Rakyat to amend the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355). The move has re-ignited the ongoing debate over hudud in the country, with proponents of the Bill insisting that the Bill merely seeks to strengthen the powers of the Syariah Courts, and not about introducing hudud into the existing legal system. What exactly are the changes sought to be brought about by the Bill? Can the proposed changes be implemented within our existing constitutional framework? What are the constitutional implications and practical issues that could arise from the amendments, if any? To find out more, join us for the 2nd lecture in the Constitutional Law Lecture Series.


Program:

5:30 pm Registration
5:50 pm Welcome Speech by Organisers
6:00 pm 2nd Lecture by Dato’ Mohamad Ariff bin Md Yusof
7:00 pm Interactive Session
7:30 pm Light Refreshments

[Postponed] Constitutional Law Lecture Series – Second Lecture: “Amendments to Syariah Courts (Criminal Jurisdiction) Act 1965 – Constitutional & Practical Issues”

constilawlectureseries

The organisers wish to announcement this lecture has been postponed on account of the speaker having fallen ill with dengue fever


8 December 2016 · 5:30 pm—7:30 pm · Auditorium Tun Mohamed Suffian, Faculty of Law, UM

2ND LECTURE

“AMENDMENTS TO SYARIAH COURTS (CRIMINAL JURISDICTION) ACT 1965 — CONSTITUTIONAL & PRACTICAL ISSUES”

Guest Speaker: Dato’ Mohamad Ariff bin Md Yusof

Retired Court of Appeal Judge Mohamad Ariff Yusof - pic from FMT News

Retired Court of Appeal Judge Mohamad Ariff Yusof – pic from FMT News

Dato’ Mohamad Ariff bin Md Yusof is a retired Judge of the Court of Appeal, Malaysia. Beginning with a career as a law lecturer in 1974 and subsequently an Associate Professor and Deputy Dean of the Law Faculty of the University of Malaya from 1974 to 1985, he then practised as an advocate and solicitor from 1986 and was one of the founding partners of Messrs. Cheang & Ariff. He took leave from legal practice between 1993 and 1995 to join the newly-formed Securities Commission of Malaysia and became the first Director of its Market Supervision Department. He became a Judicial Commissioner, High Court of Malaya in 2008, later a Judge of the High Court, and thereafter became a Judge of the Court of Appeal in 2012. He retired from the Malaysian Judiciary in early 2015 and is currently a consultant at Messrs. Cheang & Ariff.


Background:

On 26 May 2016, Datuk Seri Abdul Hadi Awang, President of Parti Islam Se-Malaysia (PAS) presented a Private Member’s Bill in the Dewan Rakyat to amend the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355). The move has re-ignited the ongoing debate over hudud in the country, with proponents of the Bill insisting that the Bill merely seeks to strengthen the powers of the Syariah Courts, and not about introducing hudud into the existing legal system. What exactly are the changes sought to be brought about by the Bill? Can the proposed changes be implemented within our existing constitutional framework? What are the constitutional implications and practical issues that could arise from the amendments, if any? To find out more, join us for the 2nd lecture in the Constitutional Law Lecture Series.


Program:

5:30 pm Registration
5:50 pm Welcome Speech by Organisers
6:00 pm 2nd Lecture by Dato’ Mohamad Ariff bin Md Yusof
7:00 pm Interactive Session
7:30 pm Light Refreshments

Retired judge points out weaknesses in judicial appointments

Source: FMT News

Ever since the sacking of Tun Salleh Abbas, who was then Lord President, many have described the 1988 crisis as the end of judicial independence in Malaysia.

Retired Court of Appeal Judge Mohamad Ariff Yusof - pic from FMT News

Retired Court of Appeal Judge Mohamad Ariff Yusof – pic from FMT News

KUALA LUMPUR: Certain people who deserve to be appointed to the apex court were not promoted, claimed retired Court of Appeal Judge Mohamad Ariff Yusof at a public forum.

Ariff stressed during the forum, organised by the Bar Council, that there were weaknesses in the system. “The system should be reviewed.”

According to him, the major weakness in the judiciary was appointments can only be made upon the recommendation of the Prime Minister. “The weak link lies in the need to have the recommendation referred to the Prime Minister,” he said. “That’s where it is. I don’t dare say anything more.”

“There are those who deserve to be at the apex (court) but are not appointed. Some thought should be given to how to improve the system.” Read more

Human rights not hindrance to society, ex-judge says

Source: The Malaysian Insider

Datuk Mohamad Ariff Md Yusof says a country should be matured enough to respect minority rights. – The Malaysian Insider pic by Seth Akmal, December 19, 2015.

Datuk Mohamad Ariff Md Yusof says a country should be matured enough to respect minority rights. – The Malaysian Insider pic by Seth Akmal, December 19, 2015.

Malaysia needs greater maturity in its view of human rights, which should not be seen as a hindrance to society, retired Court of Appeal judge Datuk Mohamad Ariff Md Yusof said today.

Human rights should not be seen as an impediment, he added, when speaking at a forum on “Whither the Federal Constitution – Do fundamental and minority rights matter?” organised by the Bar Council in Kuala Lumpur.

“The country should be matured enough to respect minority rights, fundamental rights and human rights. We had a good run on human rights, why do we want to shoot ourselves in the foot.

“When someone throws a balloon you should laugh it off and not prosecute the person. We need to be mature,” he added, referring to charging of dancer Bilqis Hijjas who had dropped yellow balloons bearing the words “democracy”, “free media” and “justice” at an event in a mall in August with Prime Minister Datuk Seri Najib Razak attended with his wife Datin Seri Rosmah Mansor in attendance. Read more