触碰伊斯兰敏感神经 "违宪案不该牵涉宗教"
八点最热报 | 律师聂依琳和女儿东姑雅思敏挑战丹州伊斯兰刑事法令中的20项条文违宪的案件，触碰到了一些穆斯林的敏感神经，在特定的穆斯林群体中煽起了情绪。吉兰丹伊斯兰宗教事务部律师团的成员早前甚至宣称，如果聂依琳母女胜诉，等于是在埋葬大马的伊斯兰法庭，针对这种扭曲事实，挑动情绪的言论，联邦法院首席大法官东姑麦文今天在案件续审时，罕见地特别要求涉案律师，不要公开讨论这起案件……（主播：蔡心慧）
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00:00 Before watching the video, I remind you that there is more content on the Hotline.
00:03 Lawyer Nie Yilin and his daughter Donghu Yasmin
00:06 challenged 20 articles in the Islam criminal law
00:11 and touched some Muslims' sensitive nerves
00:14 and stirred up emotions in a specific Muslim group.
00:18 The members of the Jilandan Islamic Religious Affairs Department's lawyer group
00:21 even declared in the morning
00:23 that if Nie Yilin's mother and daughter are prosecuted,
00:26 it is equivalent to burying them in the Islamic court.
00:29 In response to this kind of twisted facts and emotional speech,
00:33 the Chief Justice of the Federal Court, Donggu Maiwen,
00:35 today in the trial of the case,
00:37 especially asked the trial lawyer not to discuss this case in public.
00:42 What is the challenge of this case?
00:45 If the case is won,
00:46 will it really threaten the survival of the Islamic court?
00:50 Donggu Maiwen asked the lawyer to be quiet.
00:52 Is he giving a seal?
00:54 What is the purpose behind this?
00:58 Donggu Maiwen reminded the court today
01:00 that all parties have the responsibility to defend the rule of law.
01:02 Don't use this case to stir up people's emotions.
01:06 He emphasized that this judicial reconciliation case
01:09 is just a probe into whether the Islamic State Council
01:12 has the right to set relevant laws
01:15 and will not harm the status of Islam or the Islamic court in our country.
01:19 He criticized the lawyer's speech
01:21 not only for twisting the facts,
01:22 but also for not explaining
01:23 why Nie Yilin's mother and daughter
01:26 were involved in the false report and gambling clause
01:30 and therefore have withdrawn the challenge
01:32 against these two clauses.
01:34 At present, the clause involved in the case
01:36 has been reduced from 20 to 18.
01:40 The rare request for Donggu Maiwen
01:43 is that the trial lawyer should not discuss this case in public.
01:46 When former Chairman of the Legislative Council Yang Yingbo
01:48 was interviewed by the Eight-Point Journal,
01:50 he agreed with Donggu Maiwen's approach.
01:53 But he emphasized that
01:54 Donggu Maiwen did not make any statement,
01:57 but he thought that the lawyer should not
01:59 speak in a misleading and inciting way,
02:03 but should explain the facts responsibly.
02:07 Lawyer Farid Lajjah said in an interview
02:09 that linking this case to religion
02:12 is a very misleading approach.
02:15 He said that the motive of this case is very simple,
02:18 just to clarify the constitutional rights
02:21 given by the federal constitution to the state government
02:23 is completely unrelated to religion.
02:26 He criticized that some politicians
02:28 are not in the situation at all,
02:29 and often incite religious sensitive emotions,
02:32 drive the ignorant people to the judicial power,
02:35 and very disrespectful of our judicial system.
02:39 So what they've done is,
02:41 they have challenged some of
02:44 Kelantan state legislature's ability
02:47 to make certain laws.
02:49 So I think there are about 18 laws
02:51 which they are challenging.
02:52 And what they are saying about it is that
02:55 it is parliament that can make those laws,
02:57 and not the state.
02:59 In the case of a couple challenging
03:01 18 provisions in the Jilandancho Islamic Code of Conduct
03:03 in 2019,
03:05 and causing some Muslim to demonstrate outside the judicial system,
03:09 the former chairman of the Lawyers' Association, Yang Yingbo,
03:11 and lawyer Fali Azhar emphasized that
03:13 this case is simply to discuss the constitutional rights of the state,
03:18 and has nothing to do with religion.
03:19 This is purely a matter of judicial production.
03:24 That is to say, how to produce
03:27 a purely legal issue of our constitution
03:32 is not related to religion.
03:34 This is the constitutional right of Kelantan state
03:38 under the federal constitution.
03:45 I think it's very important for Malaysians to understand that
03:49 this has nothing to do with Islam.
03:52 This has nothing to do about an attack on the Sharia.
03:55 This is about understanding what the federal constitution is about.
03:59 And it's very clear from the reaction of all politicians
04:03 that a lot of them have no clue or have any idea about it.
04:06 In court, in the trial,
04:08 someone outside the court is demonstrating against the case.
04:10 Will the judge feel pressure
04:13 and affect the fair judgment of the case?
04:15 Both parties said that
04:17 under the spirit of justice and justice,
04:20 the judge must be professional when judging,
04:23 and abandon the interference of the outside world,
04:24 and reasonably judge according to the law.
04:27 But Yang Yingbo reminds everyone that
04:29 the judge is also a human being,
04:31 and will inevitably be affected by social media pressure.
04:34 In principle, it shouldn't affect us
04:36 because we don't have a jury system.
04:40 So as a judge,
04:42 I should judge based on the facts of a particular case
04:45 and the relevant law.
04:50 Of course, the judge is also a human being.
04:52 Maybe consider some more broad points of view
04:56 and social issues.
04:58 The court's ruling states that
04:59 every citizen has the right to appeal the law
05:03 against the suspected problem.
05:05 As for the claim that the National Union held a meeting
05:07 to despise the court,
05:09 Yang Yingbo believes that
05:11 the people have the right to peaceful meetings,
05:13 and the despising of the court
05:14 should not be used casually to punish the people.
05:17 I don't agree with the opinion of the court
05:20 that it should use the despising of the court
05:23 as a punishment to the people.
05:27 However, the law of the despising of the court
05:29 is still important in some cases.
05:32 For example, if you disrespect the court's procedure,
05:35 or interfere with the court's operations,
05:38 it's still important.
05:40 But if it's just a meeting outside,
05:45 I don't think it's despising the court.
05:47 I believe that many people who come to the meeting
05:50 are misled.
05:52 But being misled is not a crime.
05:55 It's not for me to say so,
05:57 but I will say it is highly disrespectful.
06:00 It does not show a respect for the law or the court,
06:03 and it is wrongly turning this into a religious matter
06:06 when it isn't.
06:08 [laughter]
06:10 [music]
06:12 [music fades]
06:14 [silence]
06:15 [BLANK_AUDIO]