‘AVOID DISPARITY IN IMPLEMENTATION’
Coordination between states needed, says academic
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.