Hadi calls for abolition of colonial-era laws that hinder Islam
The PAS president singles out Act 355, which he says prevents the imposition of heavier shariah criminal punishments.
PAS leader Abdul Hadi Awang has urged the gradual repeal of colonial-era laws such as the Civil Law Act 1956, as the nation currently remains bound by English common law. In his latest Minda Presiden PAS column, Hadi criticized the Syariah Courts (Criminal Jurisdiction) Act 1965, which he claims restricts the application of harsher Shariah criminal penalties.
Under the 1984 amendments, shariah courts are limited to a maximum of three years' imprisonment, a fine of up to RM5,000, and six canings. Hadi argued that these canings are merely punitive, not educational, and fall short of the punishments outlined in Islamic law. He referenced the late legal expert Ahmad Ibrahim, who advocated for a more comprehensive interpretation of Islam as the constitution's foundational principle, rather than it simply being the state religion.
Hadi suggested that Islam should be viewed as a complete way of life, "al-din," rather than a limited set of rituals. He also cited other legal opinions to argue for the partial abolition of the Civil Law Act 1956 to remove the country's "full" dependence on English common law. Hadi proposed that any law conflicting with Islamic teachings should be rejected, citing Article 4 of the Federal Constitution which gives the constitution the status of the supreme law of the land.
To fully implement Shariah criminal law, extensive constitutional amendments at the parliamentary level would be necessary.
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