Hadi Awang’s sneaky tactic to implement hudud enactment via federal law to increase Syariah court’s powers

The MCA Legal Affairs Bureau refutes the assurance by the Deputy Prime Minister Dato’ Seri Ahmad Zahid Hamidi and Minister in the Prime Minister’s Department Dato’ Seri Dr Jamil Khir BAharom that the proposed amendments of the Syariah Courts (Criminal Jurisdiction) (Amendment) Bill (Act 355) by Marang MP cum PAS President Dato’ Seri Hadi Awang is only applicable to Kelantan Muslims. On the contrary, changes to the Act will affect people in the whole of West Malaysia.

Hadi Awang’s proposal to amend Act 355 is part of changing federal legislation. If and when the proposed amendments are passed, the Syariah Court can exercise its punitive authority authority not only Kelantan but in all other states in Malaysia. Hence, not only are Kelantanese Muslims affected but all Malaysians too. Thus, the Deputy Prime Minister’s rhetoric is confusing and stands to be corrected.

Hadi Awang must be chided and exposed for deploying a crafty method to disguise to the implementation of PAS hudud enactments. He does not have any constitutional means other than to expand the executorial authority of the Syariah courts by modifying Act 355, to be enabled to enforce PAS hudud enactments.

The current Act 355 restricts penalties that may be ordered by the Syariah courts to the “3-6-5 Safeguards” ie 3 years imprisonment, 6 strokes of the rotan and a fine of RM5,000. No death penalty is provided under the existing Act 355. However, once Clause 2A of the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355) is altered, penalties as practised in certain nations and regimes which adopt hudud law and also as outlined in Kelantan’s Syariah Criminal Code II Enactment which include limb amputation, public flogging and long term imprisonment are legally permitted to be exacted. Hence, Hadi Awang has shrewdly resorted to federal legislation to implement PAS hudud enactments!

Datuk Tay Puay Chuan
MCA Legal Affairs Bureau Chairman

-MCA online-