PETALING JAYA: Syariah law must never be placed above the Federal Constitution, as doing so would undermine Malaysia’s constitutional structure and potentially create unequal treatment among Malaysians under the law, says G25 Malaysia.
The civil society group said PAS president Tan Sri Abdul Hadi Awang's recent criticism of some laws was unjustified, arguing that the laws are part of Malaysia’s own legal framework and identity.
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Hadi had called for the abolition of laws he described as “colonial-era” obstacles to the fuller implementation of Syariah law in Malaysia, on Wednesday (Sept 9).
Among the laws Hadi criticised were the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355), Civil Law Act 1956 and Ninth Schedule, which G25 argues are integral parts of Malaysia’s constitutional and legal framework.
Act 355 currently caps Syariah court sentencing at three years’ jail, a RM5,000 fine and six strokes of whipping — a limit known as the “3:5:6” formula that was introduced in a 1984 amendment by Parliament.
The Civil Law Act 1957 serves as the primary Malaysian statute that allows Malaysian courts to apply English common law, rules of equity, and certain commercial statutes when local written laws do not cover a specific civil issue
Meanwhile, the Ninth Schedule of the Constitution restricts state legislatures to enacting only religious offences under the State List while also setting the division of powers that reserves general criminal law for the federal government.
G25 said the Act 355 had been enacted by Parliament in 1965, eight years after Merdeka, while its sentencing limits were set by Parliament in 1984.
G25 also stressed that the Ninth Schedule is part of the Constitution's own design, agreed by the Rulers, the Alliance of Umno, MCA, MIC as well as the Malaysian people upon Merdeka.
“The Civil Law Act was also carried into independence by our nation’s founding fathers who chose a working legal system.
“To call these laws colonial is an attempt to play politics with the foundation of this country,” G25 said in a press statement on Saturday (Sept 12).
The group also said repealing Act 355 would not expand Syariah criminal jurisdiction, but could instead remove the federal law conferring that jurisdiction.
“Item 1 of the State List provides that syariah courts shall not have jurisdiction over offences except as conferred by federal law and Act 355 is that conferment.
“Abolish it and the syariah courts lose their criminal jurisdiction altogether,” it noted.
G25 also warned that repealing the Civil Law Act 1956 could remove the basis for applying common law and equity in areas where Parliament has not legislated in full.
It said this could affect areas such as torts, trusts and commercial dealings, while creating significant legal uncertainty in Malaysia, which then damages investor confidence.
Malaysia’s Islamic finance industry could also be affected according to G25, noting that the industry relies on federal statutes and enforcement through civil courts.
“Undermining that framework would harm the very Muslim institutions the PAS president says he wishes to strengthen,” it said.
On the Ninth Schedule, G25 said rewriting the division of powers would not only require significant constitutional amendments but also reopen the constitutional compact with Sabah and Sarawak.
“Those who would suffer first are Malay Muslims themselves, and among them the poor, women and the young, who have always borne the weight of moral policing,” it said.
G25 also rejected the idea of placing religious law above the Federal Constitution, warning that placing one interpretation of religious law above the Constitution would effectively place clerics above the Malay Rulers, Parliament and courts.
“A proposal to place any body of religious law above the Constitution, or to remove the clauses that stand in its way, is a proposal to dismantle that structure
“That is a theocracy, and the founders of this country, Malay and Muslim as they were, rejected it,” it said.
G25 added that the Constitution already recognises Islam as the religion of the Federation while providing for a dual legal system.
It said disputes involving unilateral conversion, custody, apostasy and moral policing should instead be addressed by clarifying constitutional boundaries.
“The answer is never to subordinate one system to the other. The Federal Constitution is what makes the dual system possible.
“Remove its supremacy and the dual system goes with it, leaving only the rule of whoever holds power that day.
“Let us take heed of the third principle of the Rukun Negara, ‘Keluhuran Perlembagaan ’, as it was not written as a suggestion but a principle that all Malaysians must uphold,” it said.
To this, G25 called on the Prime Minister, Attorney General and every political party aspiring to govern, including PAS, to affirm that the Federal Constitution would remain supreme.
