PAS has ticked off the Malay Consultative Council (MPM) for opposing its move to amend the Syariah Courts (Criminal Jurisdiction) Act 1965, also known as Act 355, to empower the Syariah Courts.

The Islamist party said the MPM was going against the majority of Malaysian Muslims whom it claimed supported the initiative.

"PAS is befuddled why when the majority of Muslims, either personally or via organisations, have expressed support for the move to amend Act 355, MPM took its own route which is totally the opposite.

"MPM should have been one of the agents to explain the matter to society, especially to the Malays," PAS secretary-general Takiyuddin Hassan said in a statement yesterday.

He rejected MPM's legal bureau chief Abdul Aziz Abdul Rahman's argument that the basis of Parliament enacting Act 355 was under Article 76A of the Federal Constitution.

This article relates to Parliament's power to expand the authority of state legislatures to include the ability to enact laws which overlap federal jurisdiction.

Takiyuddin contends that the actual basis of Act 355 was from item one of the state list, in the ninth schedule of the constitution which relates to itemising the membership, arrangement and conduct of the Syariah Courts which only have jurisdiction on Muslims and only on matters allowed by federal laws.

Thus, Takiyuddin said that the only place to amend the law is in Parliament, either as part of government business, or by a Private Member's Bill as stated in Standing Order 49 of the Dewak Rakyat.

He said that a Private Member's Bill to amend Act 355, which was tabled by PAS president and Marang MP Abdul Hadi Awang on May 26 this year, was not unconstitutional as suggested by MPM.

Takiyuddin also refuted MPM's argument that a Private Member's Bill, like the one to amend Act 355, must be presented to the sultan or state religious affairs council beforehand.

He said that there were no rules or regulations that required such a move.

He pointed out that the proposal to amend Act 355 would actually strengthen the Syariah Courts by updating their criminal jurisdiction to keep pace with current developments.

He said this was in line with the royal address delivered by the Yang di-Pertuan Agong when opening the last parliamentary sitting on March 7, who said that he supported all moves to uphold the status of Islam as the religion of the federation.

Takiyuddin urged MPM to conduct a comprehensive study on the proposed amendments to Act 355 so that positive agreements could be reached and polemic avoided.