Religious Affairs Minister slams interfaith council on Shariah amendments

Religious Affairs Minister slams interfaith council on Shariah amendments





RELIGIOUS Affairs Minister Datuk Dr Mohd Na’im Mokhtar said it was inappropriate for some parties to consider the amendment of Act 355 as unconstitutional and contrary to the Federal Constitution.

He said the statement of the Buddhist, Christian, Hindu, Sikh and Taoist Consultative Council of Malaysia (MCCBCHST) related to the amendment of the Shariah Courts Act (Criminal Jurisdiction) 1965 is not only confusing but can even create an atmosphere of disharmony in the country.

He also suggested that all parties refer to Clause (2) Article 74 of the Federal Constitution read together with item 1 of the List of States in the Ninth Schedule to the Federal Constitution to fully understand the issue, which by that provision the Shariah Court has been established through an act/enactment/ordinance in states.

“For the purpose of dealing with offences under Sharia law, the Syariah Court has jurisdiction only over those who are Muslim and only in respect of all matters included in item 1 of the State List of the Ninth Schedule to the Federal Constitution.

“The Shariah Court has jurisdiction over offences to the extent provided by Federal law as stated in item 1 of the List of States in the Ninth Schedule to the Federal Constitution,” he said in a statement.

Last Tuesday (April 2), the interfaith council reportedly urged the authorities to consider the proposed amendment of RUU355 as unconstitutional and contrary to the basic structure of the Constitution.

They made the assumptions based on their understanding that the related criminal offences are already included in the existing criminal law, as listed in the Federal Constitution.

PAS secretary-general Datuk Seri Takiyuddin Hassan yesterday slammed the interfaith council for saying the proposed amendments to the Shariah Courts (Criminal Jurisdiction) Act 1965 (Act 355), which include the proposal to increase penalties for Shariah criminal offences, would be unconstitutional.

Furthermore, Takiyuddin stated that the MCCBCHST was misguided and problematic.

He also said the proposed amendments to Act 355 do not contradict any provision or basic premise of the Federal Constitution (FC) and therefore, are valid and constitutional. – April 6, 2024