Act 355 on agenda of parliamentary session
KUCHING: Parti Islam SeMalaysia ( PAS) president Datuk Seri Abdul Hadi Awang’s Private Member’s Bill seeking an amendment to the Syariah Courts Act ( Criminal Jurisdiction Act 1965) or commonly known as Act 355 is on the agenda of the upcoming parliamentary session on March 7.
However, it is believed that Abdul Hadi would not be the one proposing it.
Deputy Prime Minister Datuk Seri Ahmad Zahid Hamadi has announced that it would be tabled as a government bill.
Speculations have it that Minister in the Prime Minister’s Department Datuk Seri Jamil Khir Baharom would be the one tabling the Bill as he is the minister in- charge of Islamic Affairs.
However, there are also rumours that it could be tabled by Minister in the Prime Minister’s Department Datuk Seri Azalina Othman Said, the minister incharge of law.
Regardless who is tabling the Bill, it is believed that it would not be debated on March 7 itself as that would be the first day of the session, after the opening ceremony on Mar 6.
The usual practice in the parliament is that the first two weeks of session will focus on debates on the King’s speech. If the Bill gets to be tabled after all, it will likely be tabled in the third week of March.
The Bill is expected to face objection not only from the opposition but also from BN component parties.
In Sarawak, two of four state BN component parties - Parti Rakyat Sarawak ( PRS) and Sarawak United Peoples’ Party ( SUPP) - have said their MPs would vote against it.
There are six MPs in PRS and one in SUPP. Sarawak Progressive Democratic Party ( SPDP) which has four MPs has made it plain that it would not object the Bill. Its president Datuk Seri Tiong believed the Bill would not affect non-Muslims.
The new acting president of PBB who is also Chief Minister Datuk Amar Abang Johari Tun Openg has yet to make a stand, even though the late Datuk Patinggi Tan Sri Adenan Satem had declared that PBB would support the Bill for the same reason as Tiong’s. There are 14 MPs in PBB. Abdul Hadi tabled the Bill in the last parliamentary session on Nov 24, 2016. He, however, hoped that the Bill would be debated in parliament to create better understanding of the Bill.
Act 355 ( or Hadi’s Bill) is seeking amendments to Act 355 to enhance the punishment meted out by the Syariah Court.
The Bill has proposed to increase the jail term from the present maximum three years to 30 years; fine of RM5,000 to RM100,000 and the present maximum six lashes to 100 lashes.
The Kelantan State Legislative Assembly passed an amendment to Kelantan’s Syariah Criminal Code 1993 in 2015 but it could not be enforced due to Act 355.
The Bill has been met with strong opposition from non-Muslims for fear that once passed, it will pave the way for the implementation of hudud not only in Kelantan but throughout the nation.
It is also rejected because the Bill seeks to create a dual legal system which is undermining the basic structure of the Federal Constitution.
Due to the strong opposition from other component parties such as MCA and MIC and other component parties, Umno which is also supportive of the Bill, has decided to take it over and table it as a government Bill.