Upko instructs MPs to reject Hadi's bill

PUTRAJAYA: United Pasokmomogun Kadazandusun Murut Organisation (Upko) MPs have been instructed to reject the Private Member’s Bill pushed by PAS president Datuk Seri Abdul Hadi Awang.

Upko acting president Datuk Seri Madius Tangau said instructions to the Upko MPs to not support the bill proposing for amendments to the Syariah Court (Criminal Jurisdiction) Act was in line with the party’s supreme council stand.

Upko has stood firm on its objection to the Marang MP’s Bill which was said to be aimed at increasing the punitive power of the Syariah Court but viewed as many as paving the way for the introduction of syariah law in the country.

According to Tangau, the issue had been deliberated by the party’s Legal Bureau headed by secretary general, Datuk Donald Peter Mojuntin from the constitutional and legal point of view.

The Bureau advised the Upko supreme council on the matter, which in turned unanimously and collectively decided to oppose the Bill.

Besides Tangau, who is Tuaran MP and Minister of Science, Technology and Innovation, Upko has two other MPs namely Datuk Marcus Mojigoh (Putatan) and Datuk Ewon Ebin (Ranau).

Previously, Mojuntin had said that the bill would contravene Article 8 of the Federal Constitution which guarantees equality before the law. Passing the bill would mean that there will be unequal punishments for Muslims and non-Muslims.

“Simply put, passing the bill would be unconstitutional,” he said.

"Secondly, it would be an administrative nightmare to implement and enforce 2 sets of criminal law. The government have a hard enough time to get our administrators to be more reliable, efficient and professional in this country. Therefore, it is impractical and would cause administrative havoc.

"Thirdly, it will cause discord and confusion among Malaysians. It will raise questions whether Malaysian is a secular or a theocratic nation. Further, even now, there are objections to the bill within the Muslim community in Malaysia, including academicians, professionals and politicians," Mojuntin had been reported.

Upko Religious and Racial Unity Bureau joint Chairman, Haji Suip Saniman had also said, that while Upko respects Islam, it will reject Hadi's Bill.

The Bill is expected to be tabled for the second reading at the end of the present national Budget sitting.

On another note, Tangau said Upko would be supporting the bill to amend the Law Reform (Marriage and Divorce) Act 1976.

The bill, among others, gives legal force to decision of the Federal Cabinet made in April 2009 that a child will continue to profess the religion practised by his or her parents at the time of the marriage should one of them opts to convert to the Islamic faith.

It will put an end to unilateral conversion by a child as the amended provision requires both parents' consent.

By inserting a clear provision that in the event of conversion of a spouse under a civil marriage, divorce and all related matters are to be adjudicated in the Civil courts, certainty in the jurisdictional boundary between Civil and Syariah Courts is enhanced.

As a result, it will prevent one from avoiding obligations to his spouse under a civil marriage by converting to the Islamic faith.