Act 355: Govt consulted non-Muslim groups on bill, says deputy minister

(Editor’s note: Malaysiakini mistakenly quoted Zulkifli as stating that the engagement sessions were related to the amendments to the Federal Territories Mufti Bill. Malaysiakini apologises for the error.)

PARLIAMENT | The government has held multiple stakeholder engagement sessions, including with non-Muslim groups, to ensure that diverse perspectives are considered in the amendments to the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355) (Amendment) Bill.

Deputy Minister in the Prime Minister’s Department (Religious Affairs) Zulkifli Hasan highlighted organisations such as the Christian Federation of Malaysia (CFM), the Federation of Taoist Association Malaysia and the Sarawak Premier Department’s Other Religions unit were involved in the discussions.

“This proves that we are taking into account the need for explanations and clarifications to be inclusive and to encompass all segments of society.

“InsyaAllah, we will continue these engagement sessions to ensure that everyone understands that this effort is not political, but rather aimed to elevate the syariah legal and judicial institution in Malaysia,” he explained during the Minister’s Question Time in Dewan Rakyat today.

Earlier, Suhaizan Kayat (Harapan-Pulai) asked about the extent of outreach efforts to non-Muslim groups seeking clarity on the bill’s amendments.

“The polemics surrounding Act 355 have existed for a long time and there are many issues linked to it. How much advocacy has been undertaken to explain the matter to non-Muslim communities?” he asked.

Zulkifli further explained that the department had engaged not only with religious groups but also with the Attorney-General’s Chambers, syariah chief judges, prosecutors, state Islamic religious councils, and more.

“During the July 15 convention on upholding the syariah law, Prime Minister Anwar Ibrahim stressed the need for the amendments to be carefully crafted to gain consensus among states, mufti, and scholars.

“On July 30, Nation Council for Islamic Religious Affairs chairperson Sultan Nazrin Shah of Perak decreed Jakim (Islamic Development Department) to provide a briefing on the proposed amendments to state Islamic councils to gather feedback,” he added.

Zulkifli also noted that a special committee reviewing the state legislative assemblies’ competence in drafting Islamic laws would assess the proposed amendments, ensuring a thorough review process before drafting.

On April 23, Minister in the Prime Minister's Department (Islamic Affairs) Mohd Na'im Mokhtar said the government is in the process of preparing documentation concerning proposed amendments to Act 355 for submission to the National Council for Islamic Religious Affairs Malaysia (MKI).

He also said discussions and consultations with state Islamic religious agencies on efforts to improve the Act have been concluded.

"So we have, discussed the matter with state agencies, such as the Syariah Courts, chief syariah judges, chief syariah prosecutors, chief religious enforcement officers, and state Islamic religious councils.

"InsyaAllah, we are now at the stage of preparing the documents. We will present them at the MKI meeting, which plays a role in coordinating all matters related to Islamic affairs, including the implementation of syariah laws in our country," Na’im was reported as saying.

Amendments to Act 355 seek to expand the jurisdiction of syariah courts beyond the limits of RM5,000 fines, three years imprisonment, or six strokes of the cane.

The Syariah Court Civil Procedure (Federal Territories) (Amendment) Bill seeks, among others, to substitute Section 34 on Wakalah to ease the process of appointment of a syarie lawyer by allowing it to be pronounced by the person who appoints him without having to do it before the judge or court registrar.

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