The Society for the Promotion of Human Rights (Proham - Persatuan Promosi Hak Asasi Manusia) fully supports and endorses the statement issued by Simon Sipaun, the former Suhakam vice-chairperson and state secretary of Sabah, together with nineteen other eminent persons from Sabah and Sarawak, in saying no to Act 355.

Proham is of the view that the proposed Act 355 is unconstitutional as the Ninth Schedule to the Federal Constitution clearly provides that criminal justice should be administered by the civil courts while allowing the states only to create and punish offences where persons professing the religion of Islam against precepts of that religion.

Therefore, the state has no authority to include offences under the Penal Code in the proposed Act 355 as that is strictly within the purview of the federal government. Under article 75 of the Federal Constitution, if any state law is inconsistent with the federal law, the federal law shall prevail and the state law shall to the extent of the inconsistency, be void.

The proposed Act 355 which increases the jail sentence to thirty years, RM100,000.00 fine and 100 strokes run contrary to the principle of proportionality which is central to our criminal justice system. With these proposed increase, it will make those sentenced under the Syariah Law in some circumstances harsher than what is provided under the Penal Code.

Hence, it is contrary to Article 8 of the Federal Constitution whereby all persons are equal before the law and entitled to equal protection of the law.

The Federal Constitution is secular in nature as decided by our highest court of the land, and Proham urges the members of Parliament from both political divides to reject Act 355 and to maintain the fabric of our constitution as it is and to ensure the spirit of the Malaysia Agreement 1963 is upheld and respected.

KUTHUBUL ZAMAN BUKHARI is chairperson of the Society for the Promotion of Human Rights, Malaysia (Proham).