PETALING JAYA: All parties should stop making “speculative” and “pre-emptive” statements on the proposed amendments to the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355), said religious affairs minister Na’im Mokhtar.
“Our ministry views the statement issued by the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) as misleading, and it might cause disharmony,” Na’im said in a statement today.
On Tuesday, MCCBCHST called the proposed amendments to Act 355 “unconstitutional”. It said granting shariah courts enhanced sentencing powers would allow hudud-related offences such as theft, robbery, adultery, sodomy and intoxication to be adjudicated under Islamic criminal law.
The council claimed that the offences are already part of the Ninth Schedule’s List I (Federal List) of the Federal Constitution, which would render such “additional powers” unconstitutional.
In response, Na’im stressed that the proposed amendments will only affect Muslims, and any changes will remain within the framework of the Federal Constitution.
He said that under the Ninth Schedule’s List I (Federal List), the jurisdiction of punishment for offences provided in state laws shall be within the limits of federal laws.
Na’im also said the proposed amendments had been decided upon after engagement sessions with stakeholders from various states and legal advisers.
“Any proposed amendments will be within the scope and framework allowed by the constitution,” he said.
Na’im told the council and all parties to observe a reminder by the Sultan of Selangor, Sultan Sharafuddin Idris Shah, for non-Muslims to respect and refrain from interfering in matters relating to Islamic affairs.
Sultan Sharafuddin’s statement was made on Dec 29 last year in response to DAP MP Ngeh Koo Ham’s proposal to include non-Muslim constitutional experts in a committee studying the conflict between shariah laws and the Federal Constitution.
PAS yesterday questioned the motive behind MCCBCHST’s remarks on the proposed amendments, stating that the council had not provided any evidence of how the proposed amendments would impact non-Muslims in the country.
PAS secretary-general Takiyuddin Hassan said that as an interfaith council, MCCBCHST should not interfere or be perceived as interfering in Islamic affairs.
