Daily Express Subscriber
Sign in to your account.

Kota Kinabalu: The argument by Liberal Democratic Party (LDP) Supreme Council Member Yew Chau Khiong and Momogun National Congress (MNC) President Datuk Henrynus Amin that the Private Member's Bill by PAS President Datuk Seri Abdul Hadi Awang contravenes the Malaysia Agreement 1963 has no merit at all.Sabah PAS Deputy Commissioner II Hamid Ismail said in order to determine the validity of a federal or state law in the federation, reference must be made to the Federal Constitution which is the supreme law in Malaysia.

"Any law which is inconsistent with it shall be null and void. Hadi's Private Member's Bill intends to amend section 2 of the Syariah Court (Criminal Jurisdiction) Act 1965 and to introduce Section 2A which enhances the sentencing power of Syariah Courts.

"Is this intended law inconsistent with the Constitution? The answer is no. The intended amendment sought does not introduce a new Islamic criminal law but only develops the present law by enhancing the punitive power of Syariah courts.

"Hence, in what way does the intended amendment of the Act infringe the constitution? It does not.

Further, the provision relating to the Act applies only to Muslim remains intact, thus, the amendment will not affect the non-Muslims," he said in a statement.

Hamid also argued that Malaysia has already two criminal legal systems, one which affects all citizens regardless of their religions and the Syariah criminal law which only affects the Muslims.

In Sabah, he said the Syariah criminal law is governed by Syariah Criminal Offences Enactment 1995.

"Prior to the introduction of this enactment, the Syariah criminal system in Sabah was governed by Administration of Muslim Law Enactment 1971 and later Administration of Muslim Law Enactment 1977.

From their statements, I see that Yew and Henrynus do not know about this fact," he said.

Thirdly, Hamid said the Administration of Muslim Law Enactment 1977 contained one Hudud offence namely drinking liquor.

In 1995, he said the State government added two Hudud offences in Syariah Criminal Offences Enactment 19975, namely adultery and qazaf.

"It is for the above reasons that I must say that the intended amendment to the Act does not contravene the Federal Constitution or Malaysia Agreement 1963.

"I find it strange that certain parties keep on claiming that the proposed amendment would contravene Malaysia Agreement 1963 and its spirit, would introduce two criminal legal systems, would make Sabah a theocratic state and would affect the non-Muslims. "Can't they see the basic fact that Sabahans of different religion and race have co-existed peacefully and in harmony despite the existence of Hudud offences in the Syariah criminal system in Sabah since 1977?" he said.

Hamid suggested Yew, Henrynus and all parties opposing the tabling of the Private Member's Bill by Hadi to read the Syariah Criminal Offences Enactment 1995 and the Federal Constitution in order to understand the matter.