Hadi gesa mansuh undang-undang era penjajah kekang Islam
Presiden PAS petik Akta 355, yang menurutnya halang pelaksanaan hukuman jenayah syariah lebih berat.
Presiden PAS Hadi Awang has called for the annulment of all colonial-era laws, particularly those hindering Islam from overcoming man-made laws that contradict Allah's commands due to their numerous flaws. In a recent statement, Hadi suggested amending the Syariah Criminal Procedure (Criminal Powers) Act 1965 (Act 355), which limits the enforcement of severe Shariah criminal punishments.
According to the 1984 amendment, the discretionary power of a Syariah court is capped at three years' imprisonment, a maximum fine of RM 5,000, and a maximum of six repeat offenses. This punishment is punitive, not rehabilitative, as stipulated by Islamic law principles. Hadi also quoted Ahmad Ibrahim, a lawyer advocating for a more comprehensive strengthening of Islamic constitutionalism, who proposed interpreting and expanding the rights of Islamic constitutionalism in the Federal Constitution as a comprehensive way of life, rather than just a limited religious observance.
Hadi also echoed views of other scholars, urging the annulment of the 1956 Civil Law Act nationwide to prevent the country from being wholly bound by British common law, alongside proposing constitutional amendments that would invalidate any law conflicting with Islamic principles. Article 4 of the Constitution establishes the Constitution as the supreme law of the land, and any law conflicting with the Constitution can be annulled.
Therefore, the full implementation of Shariah criminal law requires expansive constitutional amendments at the parliamentary level.
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- Hadi gesa mansuh undang-undang era penjajah kekang Islam freemalaysiatoday.com