MALAYSIA already has two legal systems – one for Muslims and one for non-Muslims. In line with that, some state laws, affecting only Muslims, like Syariah Enactments, debated in the state legislative assemblies usually sees non-Muslim elected representatives abstain from participation. So in a way, we have a legislature-within-a-legislature for Syariah laws, and perhaps rightly so.

Putting aside the ongoing argument about supremacy of one over the other, ignoring for a second the political moves to strengthen the Syariah courts on one hand, and to reaffirm Malaysia’s secular courts on the other, surely we can agree that at the very least, the Executive should be one and the same?

PAS does not think so.

In a dialogue session with Indian NGOs in Kepala Batas, PAS leader Abdul Hadi Awang mooted the idea of two Cabinets, one with non-Muslims and one without. The ‘first’ Cabinet would decide on issues of national policy, which, he reasoned, should be in line with Islamic practises (and therefore decided by Muslims), while the ‘second’ Cabinet would include non-Muslims, and be involved in executing those policies.

Many questions arise in this suggestion.

First of all, is it Constitutional? The law allows for the Prime Minister to appoint members to a Cabinet, not two. In which Cabinet shall the Ministers sit? In which Cabinet shall the Prime Minister reside? Which one meets on Wednesdays? Does collective ministerial responsibility reside with one or both Cabinets? Or either?

The problem with trying to modify a perfectly working system – simply to burnish one’s religious credentials – is it is often not thoroughly thought out.

The struggle would be in the implementation, and this would often lead to conflict, similar to what we are seeing today in the attempts to elevate the Syariah court system to the same level as the civil courts.

When it was introduced, the Syariah courts seem to have been intended to deal with family and inheritance law, leaving criminal issues to the civil courts. However, over the years, with politicians talking about it, and lines being blurred, there has been an increasing movement to empower the Syariah courts, although it would be difficult to implement, as while the civil courts have a clear structure for referring cases, precedents and filing appeals, Syariah courts enforce state laws, as the power to enact religious laws still reside with the individual states.

Now we have a proposal for two Cabinets, although on the surface, one seems more like a token advisory committee with no real power to issue legal directives, rather to lend non-Muslim credence to the main, policymaking ‘Cabinet’.

 It is divisive and a dangerous idea, one that should roundly be rejected by Malaysians who are comfortable with the current idea of power sharing between the various races and religions.

Yet, it is not a popular topic, because PAS and its allies are no longer the sexy political issue of the day – topics like Dr. Mahathir Mohamad, Undi Rosak, Lim Kit Siang’s health, Ronnie Liu and Azmin Ali arguing over seats in Selangor are.

In the background, and to their credit, PAS has made attempts to speak to various NGOs, while Umno has made efforts to reach out to the minorities.

On the Pakatan Harapan side, Bersatu put aside their ambition to help patch up warring factions. If more people practised this sort of mature politics, perhaps we will be talking about issues and not personalities, policies and not just power.

It’s time for Malaysian politicians to debate real issues, such as their ideas for governance, their agenda for reform and their position on topics like freedom of religion and minority rights. If we keep forgoing topics for people and overlooking important political stances just for the sake of ‘change’, we risk living in a country run with policies we disagree with, but by people we like. – February 6, 2018.

* Emmanuel Joseph firmly believes that Klang is the best place on Earth, and that motivated people can do far more good than any leader with motive.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.