The Council of Churches Malaysia (CCM) is appealing to the heads of political parties to allow their MPs to vote according to their conscience, rather than follow the party whip on the Private Member’s Bill to amend the Syariah Court (Criminal Jurisdiction) Act 1965 tabled by PAS.

In an open letter signed by its general secretary Rev Hermen Shastri, CCM said as elected politicians entrusted by the people to uphold the integrity of the Federal Constitution, the MPs represent the people’s interests and have to defend and protect fundamental rights and liberties as enshrined in the Federal Constitution.

“Federal lawmakers must not treat (PAS president) Abdul Hadi Awang's Private Member’s Bill as an attempt to alter our country's justice system.

“Hadi's bill is not just about upgrading the power of the syariah court, but it is also an attempt to rewriting the constitution in a radical way.

“Our Federal Constitution has carefully demarcated the boundaries of the law making authority and powers between federal and state authorities.

“Hadi’s attempt to introduce and widen the ambit of Islamic law ramifications not, only to persons professing the Islamic faith, will give rise to concerns that state laws that enter into spheres and jurisdictions that rightfully belong to federal power, and not the state, may now be bypassed,” he warned.

Although clothed as a parliamentary bill, Hermen said, it is targeted in its substance to enlarge the state jurisdiction to enter into state sovereignty.

He said that when the Federation of Malaya was formed, the rulers were concerned that each of the rulers remained the head of Islam in their respective states.

Crossing the boundary

Hermen said Hadi, who is also PAS president, may, with the consent of the Sultan of Kelantan, promote laws within his own state and within the state list, but in so introducing this bill to amend federal law, he has crossed the boundary of his authority.

The state list, which sets out what may be passed as Islamic enactments, are also clear that the sphere in which religious laws operate are primarily on personal and family laws.

“Penal laws are strictly under the purview of the federal authority. There are clear court decisions from our judiciary that emphasise this.

“Once we lose the balance between syariah and civil courts, as set forth in our Federal Constitution, it is going to lead to a dangerous path of conflicting jurisdictions; forms of punishment not acceptable in modern societies; and erosion against the liberal secular status of the constitution and its impact, especially on the states of Sabah and Sarawak,” he said.

Hermen said churches throughout the country would join other peace-loving and loyal Malaysians in praying that the MPs take the right, and courageous, stand to vote against the bill.

“The churches, the other religious communities in the country, and the people who entrusted you to represent the highest ideals of freedom, justice and peace, as founded in our Federal Constitution, will trust that you will do the right thing to safeguard the democracy that shapes the life of our nation.”

Hadi's bill is listed as the fourth item on Parliament's Order Paper, which makes debating on the bill likely to be held later today or tomorrow.