Does the Shariah Bill conflict with the Federal Constitution?

Question

Accepted Answer

The Shariah Bill's Potential Conflict with the Federal Constitution is Under Review

The Sarawak Barisan Nasional (BN) has expressed its opposition to a Bill that seeks to enhance penalties under the Syariah Courts (Criminal Jurisdiction) Act 1965, arguing that it conflicts with Article 8 of the Federal Constitution. This article guarantees equality before the law for all citizens. Prime Minister Datuk Seri Najib Razak is currently reviewing the Sarawak BN's views and suggestions on the matter.
Sarawak BN's Constitutional Concerns

The Sarawak BN's primary objection stems from the belief that the proposed amendments to the Syariah Courts (Criminal Jurisdiction) Act 1965 contravene Article 8 of the Federal Constitution. This constitutional provision enshrines the principle of equality, asserting that all persons are equal before the law and entitled to its equal protection. The Sarawak BN contends that allowing for enhanced penalties under Shariah law could create a disparity in legal treatment between Muslims and non-Muslims for similar offences, thereby undermining this fundamental right to equality.
Proposed Enhancements to Shariah Court Penalties

The Bill in question aims to significantly expand the sentencing powers of Shariah courts. Currently, these courts are limited to imposing maximum penalties of three years' imprisonment, six strokes of the rotan, and a fine of RM5,000. The proposed amendments seek to increase these maximum penalties substantially, allowing for up to 30 years' jail, 100 strokes of the rotan, and a fine of RM100,000. These proposed enhancements are intended to provide Shariah courts with greater authority in meting out punishments for offences under their jurisdiction.
Precedent of Opposition to Hudud Law

The opposition to the Bill by Sarawak BN echoes the stance taken by the late Tan Sri Adenan Satem, Sarawak's former Chief Minister. He had previously instructed Sarawak BN federal lawmakers to vote against similar legislation, stating that hudud law, which is often associated with stricter Islamic penal codes, had no place in a multiracial society like Sarawak. This historical context highlights a long-standing concern within Sarawak regarding the implications of expanding Shariah court powers in a diverse Malaysian society.

Reading history

Hide →

This history is cleared when the page is closed.

Does the Shariah Bill conflict with the Federal Constitution?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends