KUALA LUMPUR, April 5 — PAS secretary-general Datuk Seri Takiyuddin Hassan today slammed an interfaith council for saying the proposed amendments to the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355), which includes the proposal to increase penalties for Shariah criminal offences, would be unconstitutional.
Takiyuddin said the statement by the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) was misguided and problematic.
He said that 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.
“The council views the proposed amendments as unconstitutional and against the basic principles of the Federal Constitution on the grounds that the related criminal offences are already part of existing criminal laws under the Federal Constitution.
“First of all, as an organisation that aims to create understanding, mutual respect and cooperation between followers of various religions, MCCBCHST should not interfere in Islamic affairs and their administration, which has a special position as the Federal Religion.
“The religious rights and freedoms guaranteed by the Constitution for religions in Malaysia also cover the Islamic religion and must be obeyed and respected by all parties and groups,” he said in a statement.
On Tuesday, Malay Mail reported MCCBCHST as saying that the amendments to the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355) will be unconstitutional as such offences are already part of existing criminal laws enumerated under the Federal Constitution.
MCCBCHST said that the enhanced sentencing powers granted to Shariah Courts would allow for hudud-related offences — like theft, robbery, adultery, sodomy and intoxication — to be tried under Islamic criminal law.
Takiyuddin said that the “contradiction or legal polemic” raised by MCCBCHST is completely unrelated to its legal position and role as a religious consultation council.
He also pointed out that the council did not provide any evidence or examples of how the amendments to the Islamic law would have an impact on the practice of non-Islamic religions in the country.
“Does MCCBCHST playing the role of busybodies or ghost intermeddlers (orang hantu tengah) now?” he asked.
Takiyuddin also said that MCCBCHST’s statement could be interpreted as the council standing in the way of Muslims strengthening their religious bonds with irrelevant objections and misguided narratives.
“Once again, the actual motive and agenda of the council is called into question; thus, potentially creating an atmosphere of disharmony between races and religions,” he said.
He also said the council failed to understand the current climate of sensitivity and had raised the issue at an inappropriate time as Muslims regard the last 10 days of Ramadan as the holiest and most meaningful throughout the fasting month.
“During this period, Muslims focus on increasing their acts of worship, be it by reading the Quran, meditating in the mosque, doing charity or performing all kinds of good deeds in pursuit of the rewards promised by God.
“But unfortunately, this period was deliberately singled out as a time to lobby objections and polemics at the Muslim community without considering the effect it will have on their peace and well-being when performing acts of worship,” he said.
Takiyuddin then urged Putrajaya to take appropriate action and immediately respond to MCCBCHST’s statement, which he said was outrageous and provocative.
