‘The law is an ass’
Our legal ecosystem appears trapped in a time warp.
Charles Dickens’ 1838 novel, Oliver Twist, inspired the phrase "the law is an ass." However, this expression originated even earlier in the 1654 play, Revenge of Honour, which remarked, "The law is such an ass." The phrase refers to the absurd or stiff application of the law when it defies common sense, humanity, or reality. This sentiment is still relevant today.
In a recent case, the High Court denied a man's request to grant Malaysian citizenship to his stateless son, despite DNA evidence proving their biological relationship. The son, born in Thailand to a Malaysian father and Thai mother, has lived in Malaysia since infancy and has no official birth document or citizenship of any other country.
The court ruled the child ineligible for citizenship due to the parents' inability to prove legal marriage at the time of his birth. This decision highlights the rigid, inflexible nature of the law, which often fails to apply common sense or humanity. The issue extends to broader societal and political concerns. A former federal minister received a life sentence for murder and was later pardoned by the Pardons Board, sparking debate about whether society condones such crimes.
Similarly, a corruption case involving the Federal Territories Pardons Board (FTPB) has raised questions about whether granting pardons condones wrongdoing. Critics argue that the FTPB's discretionary powers, chaired by the King, contradict Article 8 of the Federal Constitution, which guarantees equality before the law. The argument extends to concerns over financial transactions and the motives behind pardons, with some suggesting these practices undermine the principle of equality before the law.
The legal system, perceived as biased and riddled with political motivations, faces scrutiny. The Attorney-General's Chambers' actions in Najib Razak's case have further fueled skepticism about the impartiality of the legal process. These issues, deeply intertwined with political and social dynamics, highlight the urgent need to uphold the principles of justice, equality, and transparency.
Written by urgent.news from Free Malaysia Today's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
