Slides for forum on 10th March 2017. I was one of the panelists. We discussed the possible implications of the proposed amendments to Act 355.

1. IMPLICATIONS OF
HADI AWANG'S RUU355
KEVIN KOO SENG KIAT
LLB (Hons) IIUM, DSLP (IIUM), LLM (Malaya)
10th
March 2017
Wisma MCA

2. 2
Some recent events
● 19 March 2015, Star: “Kelantan's hudud bill amendments
passed.”
● “Ahmad, who is also the PAS deputy spiritual leader,
assured non-Muslims that hudud laws would not apply
to them and only to Muslims in the state.”
● 26 May 2016, NST: “Hudud law will only apply to Muslims
in Kelantan, says Zahid.”
● “The bill for Pas to implement hudud law is only
applicable to Muslims in Kelantan.”
Menteri Besar Datuk Ahmad Yaakob

3. 3
Some recent events
● 16 June 2016, TODAY Online: “Kelantan
minister says hudud Bill would apply to all
Malaysian states”
● “The private member’s Bill is to elevate the
jurisdiction of the Syariah courts in the whole
of Malaysia. It is to control the Syariah courts,
not just for Kelantan but for the whole
country, that is the plan,” he (Mohd Amar)
told Malay Mail Online.
Deputy Menteri Besar
Mohd Amar Nik Abdullah

4. 4
Hadi's Bill v. 1.0

5. 5
Hadi's Bill v.2.0

6. 6
Paves way for full blown
hudud, ta'zir and qisas.
● Hadi's bill v.1.0 = All punishments allowed under
Syariah except death.
● Hadi's bill v.2.0 = 30 years, RM100,000, and 100
lashes.
● Hadi's bill v.2.0 is merely a “compromise” to
reach the halfway mark; does not mark the end
of the quest to implement Hadi's bill v.1.0.
● One step back = Two Steps Forward?
● Why use the word “melebihi”?

7. 7

8. 8

9. 9
Outdoing the previous generation
● Normal for each succeeding generation to want
to “out-do” and “out-shine” preceding generation.
● However using Act 355 as a benchmark of
achievement may start a vicious cycle of ever-
increasingly strict and harsh laws.
● There are other things that should be our focus,
e.g. the maximum terms of Prime Minister in his
office; the automatic declassification of official
secrets; etc.

10. 10
Malaysia = Unique Country.
● Malaysia is: Multi-racial, multi-religious, multi-cultural.
● Founding fathers did not intend for harsh Islamic
criminal laws to be implemented.
● The Sultans unanimous view to the RUU 355
amendments is important as they are the head of
Islam in their respective states.
● Not correct to assume that a simple majority can carry
the amendment through without Sultans' agreement.
● Sultans are also rulers of non-Muslims and have a
duty to protect the non-Muslims.

11. 11
Rukunegara
● Our Rukunegara says “Kepercayaan Kepada Tuhan”
(Faith in God) but does not demand that God's laws
be implemented.
● The word “Tuhan” does not indicate any God(s) in
particular
● All faiths are equally respected
● There are five main aims in Rukunegara, none
demand that Act 355 be amended.
● Rukunegara should be made the preamble
(muqadimmah) of the Federal Constitution just like
Pancasila in Indonesia.

12. 12
Our neighbours
● BRUNEI:Small country, but enacted hudud. Applies to
Muslims and non-Muslims (including tourists).
● After hudud law enacted, Christians cannot celebrate
Christmas openly, lion dances restricted, no firecrackers
allowed during CNY, businesses must close during Friday
prayers, restaurants must close during Ramadan fasting,
non-Muslims cannot eat openly during fasting time.
● INDONESIA : Most populous Muslim country in the
world. Secular. Guided by Pancasila.
● ACHEH: Province in Indonesia enacted hudud. 60 year
old non-Muslim woman whipped 30 times in 2016 for
selling alcohol.

13. 13

14. 14
Danger of overzealous authorities
● BORDERS case
● Bible Society (Alkitab) case
● JAIS / DUMC case
● In 2008, IKIM suggested that non-Muslim and Muslim
can be charged for khalwat.
● In 2012, a non-Muslim was convicted of khalwat. The
case was dropped in 2014.
● All these are before the amendment of Act 355. Will we
see more serious cases if the amendment is allowed?

15. 15
“Halimah”
from
Bandung
convicted
of khalwat
in 2012.
(The Star)

16. 16
18,000
teenage
pregnancies
reported in
2015.

17. 17
Amina Lawal case from Zamfara, Nigeria

18. 18
Danger of double jeopardy
● Amendment of Act 355 may create double jeopardy, i.e.
person being charged twice for same crime.
● Example: If Anwar Ibrahim's sodomy case were to be
heard again (after amendment), in which court would it
be heard?
● Overlapping provisions exist in Penal Code (sex against
nature) as well as Akta Kesalahan Jenayah Syariah
(liwat).
● Can Anwar Ibrahim still be charged in the Shariah Court
today?

19. 19
Danger of “inequality”
post-amendment
● If Shariah courts can jail Muslims up to 30
years and civil courts can jail Malaysians up to
20 years only, it creates inequality of courts.
● Will the civil courts be given “enhanced” powers
to also jail Malaysians up to 30 years?

20. 20
My suggestion:
Put it in the Constitution
● Federal Constitution sets maximum limits of punishment
for Shariah offences under “federal legislation”.
● Federal Consitution is “federal legislation”. Act is also
“federal legislation”.
● However, an “Act” can be amended by simple majority of
Parliament.
● Act 355 should be abolished and its provision for
maximum penalties inserted into the Federal Constitution.
(Replacing the reference to “federal legislation”)
● The penalties of the Shariah Court will be enshrined in the
Federal Constitution and its status elevated and
protected.2/3 majority required to change it.

21. 21
Thank you
We should try to leave
behind a beautiful place
for our children to live in