Shariah Bill not backdoor to hudud, Umno information chief insists
In an interview with New Straits Times published today, he explained that for the controversial Islamic penal code to be lawful, changes must be made to various provisions in the Federal Constitution and not just the Syariah Courts (Criminal Jurisdiction) Act 1965, also known as Act 355.
“Act 355 has nothing to do with the implementation of hudud. The implementation of hudud requires amendments to the Federal Constitution.
“For example, to implement hudud in Malaysia at least three amendments must be made to several parts of the Constitution, besides amending Act 355, which is limited to the jurisdiction of the Shariah courts,” he was quoted saying.
He reiterated that it is “impossible” for non-Muslims to be affected by the amendments as these were only applicable in the Shariah courts.
“It is impossible for non-Muslims to be tried under the Shariah courts because the Federal Constitution states that the jurisdiction of the Shariah courts extends only to Muslims.
“Section 2 of Act 355 also stipulates that only Muslims can be tried and sentenced in Shariah courts.”
The Keterah MP explained that the reason the Shariah Bill was tabled in Parliament by way of a private member’s Bill instead of through a government Bill was because Islamic matters required the consensus of the state rulers who are the heads of Islam.
“At present, some states have yet to agree. It is only with the approval of all state rulers can we bring the matter to the Conference of Rulers before tabling it in Parliament.
“In other words, even though Act 355 is a federal law, it has direct relation to the jurisdiction of the Shariah courts, which falls under the purview of the rulers,” he said.
He added that tabling it as a private member’s bill would also ensure that the opinion of the majority was taken into consideration, and not just the opinion of the government.
“Therefore, to avoid pitfalls that could affect the amendment of Act 355, it is better to table a private member's bill.
“If Parliament approved it for debate then it is because it is what the majority of people want and not because of the government's wishes alone,” he added.
Umno leaders have been quick to defend the amendments to Act 355, tabled in the Dewan Rakyat last week by political foe, PAS president and Marang MP Datuk Seri Abdul Hadi Awang.
Objections to Hadi’s Bill have come from both non-Muslims and Muslims, including other BN component parties, the latest to express disagreement being Sarawak BN anchor, PBB.
“That is our stand. Where hudud is concerned, it's a no-no for Sarawak.
“We have expressed our views to the Cabinet. Whatever involved religious matters, we have to respect what is being practised now,” PBB MP and federal Works Minister Datuk Seri Fadillah Yusof was quoted saying by The Star in a separate news report today.
United Sabah People’s Party president Tan Sri Joseph Kurup, who is also a minister in the prime minister's department, has also said that Sabah and Sarawak would go their “separate ways” from the Peninsular should hudud be implemented.
Last Thursday, fellow Minister in the Prime Minister’s Department Datuk Seri Azalina Othman Said tabled a motion to expedite the tabling of PAS president Abdul Hadi Awang’s private member’s Bill in Parliament to amend the Shariah Courts (Criminal Jurisdiction) Act 1965, also known as the “hudud” Bill.
However, Hadi surprisingly requested it to be deferred for debate at the next parliamentary meeting in October.
The Bill seeks to empower Shariah courts to enforce punishments ― except for the death penalty ― provided in Shariah laws for Islamic offences listed under state jurisdiction in the Federal Constitution, without elaborating on the nature of the punishments.
Shariah court punishments are currently limited to jail terms not exceeding three years, or whipping of not more than six strokes, or fines of not more than RM5,000.
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