Rafizi's Act 355 doubts have basis, says Perlis fatwa council member

A Perlis fatwa council member today said questions on whether amendments to Act 355 could ensure society's elite will be equally affected, is relevant.

Pandan MP Rafizi Ramli yesterday asked if the amendment to the Syariah Court (Criminal Jurisdiction) Act to raising penalties the syariah courts can mete out will embolden religious enforcement officers to take action against royalty and other society elite who breach syariah enactments.

The MP said otherwise it will cast aspersions on Islam, as the heavier penalties only affect the poor and powerless.

"Rafizi's question on equality between the elite and the plebian in the enforcement of Act 355 must be addressed by those who support the amendments," said Rozaime Ramle, who is also a lecturer at the Islamic Studies Department of Universiti Perguruan Sultan Idris (Upsi).

"Some might ask why this question only applies to Act 355 and not other laws. It is because it is linked to Islam. In fact, there are Muslims labelled as disbelievers for criticising the bill.

"Don't get angry. Just answer the question calmly. It is relevant," Rozaime said on his Facebook page.

Rozaime, who holds a PhD in hadith studies (the study of Prophet Muhammad's traditions), drew parallel between criticism on Act 355 amendments and criticism over television programmes like "Islamik Gema Gegar Vaganza".

The programme, fashioned after a talent contest, is given an "Islamic" twist by featuring nasyid singers.

He said scholars criticise "Islamic Gema Gegar Vaganza" because it uses the image of Islam but "does not follow Islamic discipline".

"In fact, the Islamic tenets are only cosmetic."

Are there enough resources?

Rafizi, during a speech in a mock parliamentary debate session on Act 355, asked if the religious enforcement bodies are prepared to implement the law fairly, given the severe penalties which await those found guilty.

"The issue is the need to ensure the syariah enactment is fair to all, but do we have enough resources at the syariah department for that? Enough judges and experts?

"I know who (among Muslim government backbenchers) consume alcohol, and there might be ministers' children who are co-habitating. Would a religious enforcement officer dare to take action?

"I am aware that I am now speaking outside of the House, but what if there was a sultan or a royal family member who consumes alcohol openly, would an enforcement officer arrest him/her and would he/she be penalised under Act 355?" he asked.

Through his private member's bill, PAS president and Marang MP Abdul Hadi Awang seeks to raise penalties which syariah courts can mete out to RM100,000 fine, 100 lashes of the whip and 30 years in jail.

Syariah courts can now impose sentences of three year's jail, six lashes of the ship and RM5,000 fine.- Mkini