Minister in the Prime Minister’s Department (Religious Affairs) Mohd Na’im Mokhtar has refuted an interfaith council’s argument that the proposed amendment to the Syariah Courts Act 1965 was unconstitutional.
That is because, Na’im said, the Malaysian Consultative Council for Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) has misinterpreted the proposed amendment as one which will create a new law or a similar provision that currently exists under the Federal Constitution.
Na’im cited Article 74 of the Federal Constitution which states that any amendments by a state legislature are still subject to the jurisdiction provided in the clause.
“The proposed amendment to the Syariah Courts Act (Criminal Jurisdiction) 1965 cannot be interpreted as allowing state legislatures to create offences and punishments in respect of matters included in the Federal List of the Ninth Schedule of the Federal Constitution.
“This is because the state legislature must be subject to the jurisdiction of legislation provided through Clause (2) Article 74 and item 1 of the State List of the Ninth Schedule of the Federal Constitution,” said Na’im in a statement today.
‘Serious threat to democracy’
On March 14, MCCBCHST urged the attorney-general to intervene in Kelantan’s move to reinstate provisions of the state syariah enactment that had been nullified by the Federal Court.
MCCBCHST claimed the expansion of sentencing powers given to syariah courts would allow hudud-related offences - such as theft, adultery, sodomy, and consumption of alcohol - to be tried under Islamic criminal law.
The group also claimed that the re-drafting of the provision would be a serious threat to democracy and destabilise the country.
Na’im said the Ninth Schedule of the Federal Constitution provides the power to legislate offences committed by Muslims against religious orders.
However, the punishment for offences provided for in state law must be within the limits outlined in the Federal Constitution and not included in the Federal List.
“Thus, MCCBCHST’s statement is misleading and may create an atmosphere of disharmony in the country,” he added.
Updates needed
According to Na’im, the proposed amendment aims to increase the criminal jurisdiction of the syariah courts since the last amendment was implemented in 1984.
“The existing punishment rate provided in the Syariah Courts Act 1965 has never been amended. The punishment rate provided is no longer in line with current developments.
“Whatever proposed amendments to the act will not change the legislative powers that have already been allocated by the Federal Constitution to state legislatures.
“Therefore, all parties are urged not to give any speculative and pre-emptive statements regarding this proposed amendment because it has not yet been tabled in parliament,” he said.
Meanwhile, PAS urged Putrajaya to take appropriate and immediate action against the MCCBCHST for its statement.
PAS secretary-general Takiyuddin Hassan in a statement claimed that MCCBCHST had no locus standi to comment on the issue.
He also claimed MCCBCHST’s statement was clearly inciting and involved 3R issues.
“It is not merely a constitutional issue as claimed, it is even an issue of Islamic affairs and MCCBCHST does not have any locus standi to provide views or submit objections,” he said.
According to Takiyuddin, MCCBCHST’s statement is not only misguided but also reflects a significant ignorance of the understanding of the law in the country.
“With today’s follow-up statement, MCCBCHST reiterated their perverse stance against the proposed amendment to Act 355 to increase the punishment rate,” he said. - Mkini
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