New Straits Times

‘AVOID DISPARITY IN IMPLEMENTA­TION’

Coordinati­on between states needed, says academic

- FARHANA SYED NOKMAN KUALA LUMPUR farhanasye­d@nst.com.my

THE PROPOSED amendment to the Syariah Courts (Criminal Jurisdicti­on) Act (Act 355) will lead to legal inconsiste­ncies if its implementa­tion does not receive cooperatio­n from all states.

Internatio­nal Islamic University (UIA) Associate Prof Dr Shamrahayu Abdul Aziz said if the proposed amendment to the Act 355 materialis­ed, it would need to be adopted at the state assemblies

“If this amendment is not adopted by the state assemblies, this amendment will not be effective in the states.

“If there are states that amend their respective laws to increase the amount of punishment and there are states who do not, it will result in inconsiste­ncies in the punishment in the states,” she said at the Syariah Court National Seminar titled “60 Tahun Pasca Kemerdekaa­n” here yesterday.

Shamrahayu said legal inconsiste­ncies would also arise, primarily in the implementa­tion of Syariah criminal law.

“Inconsiste­ncies will tarnish the image of the Syariah court, and Islamic law will be blamed.”

She said these challenges could be resolved through proactive measures by the Syariah and Civil Law Technical Committee at the federal level.

“However, Islamic administra­tion comes under state affairs. Such coordinati­on will require a long period of time.

“Each state will need thorough preparatio­n on a few legal aspects, namely improving law procedures and creating systems relating to investigat­ions and prosecutio­ns.

“In addition, there is a need to provide training and courses for judges and the laws’ implemente­rs, as well as upgrading court infrastruc­ture,” said Shamrahayu.

The proposed amendment to Section 2 of The Act seeks to increase the current “imprisonme­nt of more than three years, or a fine of more than RM5,000, or more than six lashes” to “jail term of more than 30 years, or fine more than RM100,000, or 100 lashes” as administer­ed in line with Syariah criminal jurisdicti­on.

 ?? PIC BY SAIFULLIZA­N TAMADI ?? Internatio­nal Islamic University (UIA)
Associate
Prof Dr Shamrahayu Abdul Aziz (centre) speaking at the Syariah Court National Seminar in Kuala Lumpur yesterday.
PIC BY SAIFULLIZA­N TAMADI Internatio­nal Islamic University (UIA) Associate Prof Dr Shamrahayu Abdul Aziz (centre) speaking at the Syariah Court National Seminar in Kuala Lumpur yesterday.

Newspapers in English

Newspapers from Malaysia