Malay NGOs: Bill is unconstitutional

KUALA LUMPUR: The Private Member’s Bill proposed by PAS president Datuk Seri Abdul Hadi Awang to enhance Syariah punishments is “illegal and unconstitutional”, according to a group of 284 Malay NGOs.

Malay Consultative Council chairman Tan Sri Abdul Aziz Abdul Rahman dismissed the Bill as outside the competence of Parliament.

The Bill seeks to amend the Syariah Courts (Criminal Jurisdiction) (Amend­­­­­ment) 2016 to allow the Kelantan PAS state government to impose hudud punishments – except the death sentence – for criminal offences.

Abdul Aziz also deemed as illegal and unconstitutional other related laws, namely the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 335) and the Kelantan Syariah Criminal Code II.

“All the three laws are not consistent with certain provisions of the Federal Constitution. Also, Parliament has no power to decide on matters related to Islam.

“Federal law cannot empower a state or Syariah Court on a matter in which it is powerless,” he told reporters here yesterday.

Abdul Aziz argued that while Act 335 had indeed been passed in Parliament, the Parliament neither had power over Islamic religion nor the power to legislate on the Syariah Court as stated under the Federal Constitution.

“Abdul Hadi is proposing to amend the existing Act 335, which is just as illegal. We suggest that he withdraw the Bill and the Dewan Rakyat should not allow the Bill to be tabled.

“Kelantan should also repeal the Syariah Criminal Code II and the Dewan Rakyat should repeal Act 335,” he said.

Abdul Aziz urged those insisting on pursuing the issue to study the Federal Constitution and come up with the right amendments before proposing to pass the Bill.

“Laws concerning Islam is within the state’s jurisdiction.

“The Rulers have discretion and the Rulers act based on the advice of the religious council in their state.

“Abdul Hadi must first discuss the Bill with the state religious councils. Otherwise, it will appear as if he has no respect for the Rulers and the religious councils,” he said.

Abdul Aziz said since Islamic law was not defined in the Federal Constitution, Islamic law on matters relating to the precepts of the religion and not covered by federal law had to be dealt with in accordance with the Quran and hadith.

During the last Parliament meeting in May, most lawmakers were caught by surprise when Abdul Hadi’s controversial Bill was fast-tracked for debate.

However, Abdul Hadi said the Bill would only be debated in the next Parliament meeting in October.