PAS president Abdul Hadi Awang has called for the abolition of all colonial-era laws, particularly those that prevent Islam from taking precedence over “man-made laws” which he said were not permitted by Allah due to their shortcomings and the sinfulness they could spread.
In his latest Minda Presiden PAS article, Hadi specifically criticised the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355), saying it had prevented the imposition of heavier shariah criminal punishments.
“According to the 1984 amendments, the sentencing power of the shariah courts is limited to up to three years’ imprisonment, a fine of up to RM5,000, and up to six strokes of the cane,” he said.
Hadi said the caning imposed by the shariah courts was punitive rather than educational, unlike the conditions prescribed under Islamic law.
He said the existing sentencing limits had therefore prevented the implementation of more severe forms of shariah criminal punishment.
Calls for stronger constitutional position for Islam
Hadi cited the late lawyer Ahmad Ibrahim, who had advocated strengthening Islam’s constitutional position in a more comprehensive manner.
“He proposed that Islam’s position in the Federal Constitution be interpreted and strengthened comprehensively as al-din (a complete way of life), rather than merely as an official religion limited to rituals,” Hadi said.
Hadi also referred to other expert opinions in arguing for the gradual abolition of the Civil Law Act 1956.
He said this would allow the country to no longer be “fully bound” by English common law.
He also called for a constitutional amendment stating that any law conflicting with Islamic teachings should be rejected.
Hadi says constitutional amendments needed
Hadi said Article 4 of the Federal Constitution established the Constitution as the supreme law of the country.
“Any law that is inconsistent with the constitution may be invalidated,” he said.
He said the full implementation of shariah criminal law would therefore require extensive amendments to the Federal Constitution at the parliamentary level.
