Hadi calls for abolition of colonial-era laws that hinder Islam

 The PAS president singles out Act 355, which he says prevents the imposition of heavier shariah criminal punishments.

PAS president Abdul Hadi Awang called for the gradual abolition of the Civil Law Act 1956 so that the country will no longer be bound by English common law.

PETALING JAYA:

PAS president Abdul Hadi Awang has called for the abolition of all colonial-era laws, especially those that prevent Islam from taking precedence over “man-made laws that are not permitted by Allah because of their many shortcomings that spread sinfulness”.

In his latest Minda Presiden PAS piece, Hadi took aim at the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355), which he said prevented the imposition of heavier shariah criminal punishments.

“According to the 1984 amendments, the sentencing power of the shariah courts is limited to up to three years’ imprisonment, a fine of up to RM5,000, and up to six strokes of the cane.

“Such caning is punitive rather than educational, unlike the conditions prescribed under Islamic law. Such sentencing limits prevent the implementation of more severe forms of shariah criminal punishment,” he said.

He cited the late lawyer Ahmad Ibrahim, who advocated strengthening Islam’s constitutional position more comprehensively.

“He proposed that Islam’s position in the Federal Constitution be interpreted and strengthened comprehensively as al-din (a complete way of life), rather than merely as an official religion limited to rituals,” he said.

Hadi also cited other expert opinions to argue for the gradual abolition of the Civil Law Act 1956 so that the country would no longer be “fully bound” by English common law, and for a constitutional amendment stating that any law that conflicted with Islamic teachings would be rejected.

“Article 4 of the Federal Constitution establishes the constitution as the supreme law of the country. Any law that is inconsistent with the constitution may be invalidated.

“As such, the full implementation of shariah criminal law would require extensive constitutional amendments at the parliamentary level,” he said. - FMT