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The Private Member’s Bill to amend the Syariah Courts (Criminal Jurisdiction) Act brought by PAS president Abdul Hadi Awang recently may face several legal obstacles.

Whilst the amendment may be constitutional, it may become unconstitutional as well.

I take for example if the amendment is to seek to increase the punishment for canning, it may be constitutional as it does not provide for new punishments for new offences.

It is similar to if Parliament is looking to increase the jail term for rape or theft.

But if the amendment will result in the establishment of new punishments for new offences, such as theft, it may be challenged in the court of law since theft is a federal offence which has been provided for in the Penal Code.

To suggest that this is a 'Hudud Bill' is technically wrong since the proposed amendments are just to increase the punishment provisions, not proposing new offences.

However, the sustainability of this amendment is yet to be seen since it is still to early to conclude the end result of this amendment and its effects.

This amendment, if passed, will make itself vulnerable to legal challenge.

This amendment must also be observed strictly by the members of Dewan Rakyat to ensure it will not violate Article 8 of the federal constitution (equality before the law).


MOHD SIDDIQ AZANI is a lawyer and a syariah practitioner

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