Reject proposed amendments to Act 355 – LDP
KOTA KINABALU: Liberal Democratic Party (LDP) religion and harmony bureau chief, Yew Chau Khiong, has backed The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism’s (MCCBCHST) call to reject amendments to the Syariah Courts (Criminal Jurisdiction) Act 1965, also known as Act 355, in order to safeguard the secular character of the Federal Constitution.
He said LDP is maintaining a firm stance in protecting Sabah rights as enshrined in the Federal Constitution and secularism in Malaysia.
He said the 20-Point Agreement and 18-Point Agreement acted as safeguards for Sabah and Sarawak in the formation of the Federation of Malaysia.
Yew pointed out that first point of the 20/18-Point Agreement stated that while Islam is the official religion of the federation, there should be no state religion in Sabah and Sarawak, and the provisions relating to Islam in the present Constitution of Malaya should not apply to both states.
Yew said the Cobbold Commission Report in 1963 had also emphasized that the federation formed by Malaya, Sabah, Sarawak and Singapore was to retain its secular status.
Additionally, he said, the Alliance memorandum submitted to the Reid Commission in 1956 specifically stated that “the religion of Malaya shall be Islam. The observance of this principle shall not impose any disability on non-Muslim nationals professing and practising their own religion, and shall not imply that the State is not a secular state.”
The White Paper issued by the British Government in June 1957 further reaffirmed that the declaration that Islam is the religion of the federation, “will in no way affect the present position of the federation as a secular state”.
Yew cautioned that Hadi Awang’s Private Member’s Bill on Act 355 amendments that would be tabled in the coming parliamentary meeting was not a simple religious matter.
“MPs of both political divides should ensure that any amendments to the law should strictly adhere to the spirit of the Federal Constitution.”
Yew said Hadi Awang’s ultimate goal was to fully implement hudud law in Malaysia and to turn the country into a theocratic state.
Act 355 amendments intend to enhance the punitive jurisdiction of the Shariah courts, giving the courts power to mete out harsher punishments up to 30 years’ jail, RM100,000 fine, and 100 lashes, he said.
“The proposed amendments to Act 355 are clearly a guise for hudud. The punishments which Shariah courts could impose under the proposed Act 355 amendments far exceed the punitive jurisdiction of the Penal Code.”
He said the Act 355 amendments would give rise to unfairness among Muslims and non-Muslims before the law, a clear violation to Article 8 of the Federal Constitution, as well as to cause overlapping of jurisdiction between civil courts and Shariah courts.
“It defies the spirit of our founding fathers and the Malaysia Agreement 1963 (MA63) during the formation of the Federation of Malaysia.”
Yew said LDP remained firm in its political ideology that any attempts or intentions to amend or challenge the foundation of the nation, Federal Constitution, judicial system, political or social contract should be backed with majority support from the citizens, especially Sabahans and Sarawakians.
As such, he urged lawmakers of both political divides to oppose the spread of extremism, to defend the spirit of the Federal Constitution and to stop Hadi Awang from forcing the Bill through in Parliament.
“The Bill will have far reaching consequences to the people and ultimately turn Malaysia into a theocratic state.”