Making his rounds: Anwar visiting a booth at the launching of Carnival MAIWP 2024 at Tasik Titiwangsa in Kuala Lumpur. — WILLIAM GARY/The Star
KUALA LUMPUR: Engagement to empower the syariah courts will include all stakeholders, regardless of their political affiliation, says Datuk Seri Anwar Ibrahim.
The Prime Minister said he had directed the special committee to review the competency of the state legislative assemblies to enact Islamic laws under the National Council for Islamic Religious Affairs Malaysia (MKI) to engage all ulamas, including those affiliated to opposition parties.
“Yes, it will be all ulamas – even the opposition. I have mentioned this,” said Anwar briefly.
He was asked if his instruction to “engage all ulamas” included ulamas aligned to Perikatan Nasional that governs Kelantan, Terengganu, Perlis and Kedah.
Anwar, who is also MKI deputy chairman, said this to the media after launching the one-day Federal Territory Islamic Religious Council (MAIWP) carnival at Tasik Titiwangsa yesterday in conjunction with its golden jubilee this year. It showcased more than 100 stalls, which were opened to the public.
Also present were Minister in the Prime Minister’s Department (Religious Affairs) Datuk Dr Mohd Na’im Mokhtar and MAIWP chairman Syed Kamarulzaman Syed Kabeer.
Earlier in his speech, Anwar said those politicising the apex court decision on the Kelantan syariah laws did not do so when there was a similar case, which affected Selangor syariah laws in 2021.
(On Feb 9, the Federal Court in an 8-1 majority decision ruled that 16 provisions for offences under the Kelantan Syariah Criminal Code Enactment (1) 2019 were null and void as the state legislature did not have the power to enact laws on the said offences since there were federal laws covering such acts.)
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“The apex court decision on Feb 9 called upon us to do something.
There was no protest in the 2021 Federal Court decision in the Selangor case as the opposition now was then in the government.
I was not the prime minister then,” said Anwar. He said such attempts were meant to cause division among Muslims.
(In 2021, the Federal Court declared Section 28 of the Syariah Criminal Offences (Selangor) Enactment 1995, which criminalises unnatural sex as void for being unconstitutional as such offences fall under Parliament’s powers to make laws and not the state legislature.)
“However, now that we are the ruling government, as soon as the judgment was made on the Kelantan case, we were reviled and attacked.
The judges had followed the laws and not their sentiments. They ruled that the Federal Constitution could not be overridden by state laws. If that were to happen, we would have 13 sets of laws in the country.
“That is why there is now a special committee to review the competency of the state legislative assemblies headed by Tun Zaki Tun Azmi to enact Islamic laws and empower the syariah courts, not to weaken them, without upsetting the non-Muslims in the country.
“I have instructed in the last MKI meeting – which was chaired by the Sultan of Selangor – to engage all states, ulamas and muftis. They must also listen to the academics’ views and then present all of the views and study their constitutionality.
“These views should then be presented to the Malay Rulers Council before presented to the Cabinet.
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This is because the Cabinet has to bring the amendments to the Dewan Rakyat to get the two-thirds approval to amend the laws (to empower syariah courts).
“There was never any such committee (to study state syariah laws) before my time (as the prime minister),” said Anwar.
He pointed out that even back in the 1980s and 1990s, civil courts tended to override syariah laws, which led to the then government amending Act 121(A) of the Constitution to empower syariah courts.
He said this was to ensure that syariah judgments could not be overruled by civil courts.
“Now, we need to empower syariah courts further, including its criminal laws. We have to study these; we are a country with laws, not one run by political sermons.
“If Parliament amends the laws, only then can the judge follow the laws,” said Anwar, taking a swipe at those who misinterpreted the Feb 9 apex court decision in the Nik Elin Zurina Nik Abdul Rashid case as a “licence for Muslims to commit crimes”.
At a media conference after the event, Mohd Na’im said Yayasan Dakwah Islamiah Malaysia (Yadim) had started organising seminars for the public on the matter led by constitution expert Dr Mohd Farid Mohd Shahran.
“We had also invited Kelantan Deputy Mentri Besar Datuk Dr Mohamed Fadzli Hassan on Saturday to our seminar, but he could not make it.
“All these constructive views will be presented to the special committee to review the competency of the state legislative assemblies to enact Islamic laws to be analysed.
“I was informed by Tun Zaki that the whole engagement process would be completed within eight months,” said Mohd Na’im.
He also said the engagement on the Syariah Courts (Criminal Jurisdiction) Act was still ongoing and would be presented to the Cabinet again before a decision was made.
RUU355 was previously tabled by PAS president Tan Sri Abdul Hadi Awang as a Private Members’ Bill for first reading on May 26, 2016.
The Bill sought to increase the maximum punishment in the Syariah Court to 30 years’ jail, fines of up to RM100,000 and 100 strokes of the cane.
The present punishment for syariah offenders is capped at three years’ jail, RM5,000 fine and six strokes of the cane.
