Dayak NGOs stand firm against Act 355 Amendment

KUCHING: Dayak NGOs Network ( DNN) comprising members from 32 Dayak NGOs throughout the state has expressed their strongest objection against the Bill to amend the Syariah Courts Act 355.

Its spokesman Henry Wan said it could pave the way for the implementation of hudud which is never part of the agreement when the Federation of Malaysia was formed.

“Setting to pave way to a twolegal system, thus segregating our plural society via religious belief is clearly against the Federal Constitution of which this nation was founded upon,” Henry said through a press statement yesterday.

“We ( DNN) don’t see Hadi’s Bill serve the cause of justice to impose such heavy punishment on our Muslims citizenry, while similar infringement will not be persecuted in civil court. We echo the conscience of many that as much as we don’t want non Muslims to be subjected to such cruel and unusual punishment, we cannot in good conscience allow the same to befall Muslims,” he said referring to Parti Islam SeMalaysia (PAS) president Datuk Seri Abdul Hadi Awang initiative to table the Bill.

Hadi’s narrow and self centered insistence is not the right formula forward for the nation. In fact it only serves to divide the nation further and one that would eventually pave the way for a separation, he cautioned.

“We have studied and take note of the voices of fellow Malaysians including Muslims who opposed the propose amendment. We want to put it in record that we too share their position,” he said.

Both the late state Chief Minister Datuk Patinggi Tan Sri Adenan Satem and current Chief Minister Datuk Amar Abang Johari Tun Openg had expressed similar objection to the Bill and has categorically instructed all Sarawak MPs to oppose the amendment, Henry claimed.

“Such unwavering stand by our state leader has ensured the continuous harmony and peaceful coexistence among our multi racial society. We beseech that all Sarawak MPs vote against the Bill and not merely abstaining,” he added.

Parti Rakyat Sarawak and Sarawak United People’s Party have also state their objection to the Bill. The two parties reasoned that the law if passed will be unconstitutional as it an affront to the spirit of multiracialism in Malaysia.

Hadi’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 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 incharge 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 March 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.

Upon the announcement by Prime Minister Datuk Seri Najib Razak that the Barisan Nasional ( BN) government would take over from Hadi in tabling the Bill, Sarawak Progressive Democratic Party ( SPDP) and BN direct Saratok MP Tan Sri William Mawan Ikom made it plain that they would not object the Bill with reason that they are toeing party ( BN) line and believing that the law if passed will not be applied on non-Muslims.

In a March 2 article The Borneo Post reported that Abang Johari who is also new acting president of Parti Pesaka Bumiputera Bersatu has yet to make a stand, even though the late Adenan Satem had declared that PBB would support the Bill for the same reason as SPDP and Mawan

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.

Hadi 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.

Strong opposition from most non-Muslims is because of the 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.