Hadi calls for 'colonial' laws that limit Islam to be abolished

PAS president Abdul Hadi Awang wants all colonial laws that Malaysia inherited to be abolished, especially those that stifle Islam.

In his latest ponderings, Hadi indicated that this includes the Syariah Courts (Criminal Jurisdiction) Act 1965, better known as Act 355, which sets limits on the types of punishment that can be meted out for syariah offences.

The call appears to signal a policy shift for Hadi, from his last attempt to amend Act 355 to increase punishment limits, back to his original goal of removing limits in the first place.

Hadi's quest to amend Act 355, tied closely to previous PAS attempts to enact hudud law, has been a major point of contention with non-Muslims whom PAS seeks to partner with.

While no serious attempt was made to continue this vision when PAS was in government from 2020 to 2022, PAS and Umno's continued trajectory to form the next federal government could be another chance for Hadi to make his vision a reality.

In his "Minda Presiden" writings posted today, Hadi said colonial laws must be repealed so that the country can be truly independent.

"Especially laws which prevent Islam from being in its honourable place above man-made laws which were not permitted by Allah because there are many weaknesses which spread sinfulness," he said.

Hadi later listed two laws that are in contention, including Act 355. While he did not explicitly say that the law should be abolished, he lamented that its limits prevent heavier syariah criminal punishments from being meted out.

Act 355, which was legislated in 1965 - eight years after Merdeka and two years after the federation of Malaysia was formed - and amended in 1984, sets the following maximum limits for syariah offences: three years in prison, a RM5,000 fine, and six strokes of the cane.

Bid to implement hudud

Hadi had, in a private member's bill in 2015, sought to remove such limitations entirely, and allow Syariah Courts - which are under state jurisdiction - to impose any punishments stipulated in the relevant state laws, except for the death penalty.

The goal was to allow PAS to carry out hudud punishments legislated in Kelantan and Terengganu, which allowed amputations for theft.

However, by 2016, Hadi's private member's bill was toned down, and instead sought to increase the punishment cap for syariah offences to 30 years' jail, RM100,000 fine and 100 strokes of the cane.

In that year, PAS also sought to distance the bill from its previous hudud association.

No attempts to amend Act 355 have been tabled since, including during PAS' time in government.

The Madani administration has reviewed potential amendments to the law and even consulted non-Muslim groups, but there have been few updates on the matter.

READ MORE: Anwar: Non-Muslims have a right to weigh in on syariah laws

'Civil laws should refer to Islamic law'

The second law mentioned in Hadi's writings was the Civil Law Act, which allows Malaysian courts to apply English common law if there are no relevant local laws.

He further cited expert opinion to state that any clauses in the Federal Constitution conflicting with Islamic teachings should also be abolished.

Additionally, he said civil laws should refer to Islamic law, to ensure harmony between the two.

At present, syariah law is subject to civil law limitations. This principle previously led the Federal Court to strike down 16 provisions in Kelantan's syariah criminal enactment for encroaching on federal jurisdiction in legislating offences already covered by federal criminal law.

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