KUALA LUMPUR – The government will be guilty of “sin” if it fails to table the Shariah Courts (Criminal Jurisdiction) Act 1965 (Act 355) to increase the limits of punishments under Islamic law, Bersatu lawmaker Wan Ahmad Fayhsal Wan Ahmad Kamal said.
The government would also be failing in its duty to ensure the shariah courts are taken seriously, as people are questioning why shariah punishments are less severe than civil penalties, he said in a video on Facebook.
“I fully support the stance of PAS and Perikatan Nasional (PN) that Act 355 should be tabled by the government soon, to ensure that our sin of not upholding shariah laws does not affect the people,” he added.
“It is time for Act 355 to be amended to empower the shariah court and increase the extent of punishments which is insufficient today, so that the shariah court can be taken seriously by Malaysians and Muslims.”
The Machang MP made these comments following a statement by the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST).
The interfaith council said the proposed amendments were unconstitutional, as several criminal offences under the shariah law also existed in civil laws.
Wan Fayhsal also advised non-Muslims to avoid interfering with matters about Islam, noting that the controversy over socks with the word “Allah” printed on them had still not subsided.
“Non-Muslims, do not worry. Shariah law is only applicable to Muslims. If there is a dispute involving crime, non-Muslims can refer the offence to the civil court,” he said.
“Malaysia cannot afford to be engulfed in interracial and interreligious disharmony, just because a few of us fail to understand that matters involving Muslims cannot be interfered with by non-Muslims.
“Let us wait for (appropriate) forums. Do not issue statements that could cause Malays and Muslims to feel unease with interfering views.”
MCCBCHST’s statement was criticised by PAS secretary-general Datuk Seri Takiyuddin Hassan, who questioned the group’s motive.
Minister in the Prime Minister’s Department (Religious Affairs) Datuk Mohd Na’im Mokhtar also said the group’s statement was misleading and could create disharmony.
The amendments, which have yet to be tabled in Parliament, will go through consultation processes with stakeholders nationwide, he added.
The proposed amendments are to increase punishments like jail terms, fines and number of caning strokes for offences committed by Muslims under the criminal jurisdiction of the Shariah Court.
The act currently provides for shariah punishments of three years’ imprisonment, a maximum fine of RM5,000, and a maximum six strokes of the cane, or any combination of such punishments.
Na’im said that the existing limits for shariah punishments were last set 40 years ago and have never been amended.
The amendments, which seek to increase these limits, have long been a contentious point for Malaysia which has a parallel civil-shariah legal system.
The present government has said it will table amendments to Act 355 in Parliament this year.
Previous attempts to increase shariah punishments were made by PAS president and Marang MP Tan Sri Abdul Hadi Awang in 2016, as a private member’s bill, and again in 2017. – April 7, 2024