The Malaysian Bar is deeply concerned with the developments in Parliament on April 6, 2017 in relation to a private member’s bill tabled by Marang Member of Parliament and PAS president Abdul Hadi Awang, to amend the Syariah Courts (Criminal Jurisdiction) Act 1965.

The bill seeks to amend the Act by increasing the sentencing limits of Syariah courts from a maximum of three years’ imprisonment, RM5,000 fine, or six strokes of the cane, to a maximum of 30 years’ imprisonment, RM100,000 fine, or 100 strokes of the cane.

The proposed amendments are problematic for several key reasons.

First, they define the limits of punishment for an offence without disclosing the actual punishments attached to each specific offence. This raises issues of appropriateness and proportionality in sentencing, especially since Syariah courts are state courts and different states may impose different sentences for the same offences.

This further raises issues of discrimination and equal treatment under the law pursuant to Article 8 of the Federal Constitution.

Second, in view of the substantial proposed increase in the sentences, the proper divide between personal and criminal law needs to be determined, and whether the Federal Constitution intended for Syariah courts to have such broad sentencing powers.

Third, the nature of the proposed amendments has affected public perception, and raises concerns that they could pave the way for the introduction of hudud law, which the framers of our Federal Constitution clearly did not envisage in our constitutional scheme.

All these are critical constitutional issues that require thorough deliberation and study. Thus, Parliament should not push ahead with the debate, but instead establish a Parliamentary Select Committee to undertake extensive and in-depth study of the proposals.

The Malaysian Bar supports this suggestion that was already mentioned by our deputy prime minister. Consultations, submissions and public hearings should be conducted throughout the four corners of our country, since the repercussions of the proposed amendments are far-reaching, and could permanently change the character and identity of Malaysia going forward.

GEORGE VARUGHESE is president, Malaysian Bar.