Speaker: Hadi’s bill violates equal protection

Sarawak state assembly head says expansion of syariah court power is unconstitutional and unfair to Muslims

KUCHING: The Hadi bill for expanded Shariah court powers in Kelantan is unconstitutional and should have been thrown out of Parliament, according to the Speaker of the Sarawak state assembly, Mohd Asfia Awang Nassar.

The bill seeks an amendment to federal law to allow all states’ Shariah courts to impose Islamic criminal penalties, such as lashing for adultery, on Muslims.

Asfia said the proposal would result in unequal and unfair treatment of Malaysians under the law. “It’s unconstitutional. It flagrantly violates Article 8 of the Federal Constitution, whereby all persons are equal under the law, and entitled to the equal protection,” he told reporters at a pre-assembly meeting today.

PAS president Abdul Hadi Awang has sought to table a private member’s bill for approval by Parliament. Last week, the bill was moved for debate after the government said it had no objection. However, Hadi requested that the debate be deferred to the next meeting of the House in October.

Kelantan, which is under a PAS-led government, has amended state legislation to empower its Shariah courts to impose Islamic penalties for some criminal offences. Hadi’s bill seeks to amend federal law, the Shariah Courts (Criminal Jurisdiction) Act 1965, to enable the state law to come into effect.

Objections have been raised to the proposal because criminal offences are created under the Penal Code, a federal law and Kelantan’s move would create two separate sets of offences and penalties.

Asfia suggested that Hadi’s proposed amendment would result in unequal treatment of Muslims and non-Muslims for the same criminal offence.

“In a joint robbery by six persons, where three are Muslims and three are non-Muslims, the three Muslims on conviction will lose their limbs (under Shariah law) and the non-Muslims will just go to prison (under civil law).

He said this would result in discrimination against non-Muslims and Muslims and unequal treatment under the law because of religion, and therefore “flagrantly violates Article 8 of the Federal Constitution”.

Article 8 states there shall be no discrimination against citizens on the ground only of religion, race, descent, place of birth or gender in any law.

“The Muslims are being singled out and there is a discrimination against them. This amendment need not be debated, it can be thrown out because it is unconstitutional,” Asfia said.

Asked if he would have done so if he was Speaker of the Dewan Rakyat, Asfia said: “There’s no second thought about it, if you know the constitution. If you don’t know, then you go round the bush.”

Members of the Sarawak state assembly will take their oaths of office on Tuesday.