Stop before running off the cliff — BN Government must not table the 355 Bill

We, the undersigned groups, are gravely concerned with the bill tabled by PAS president Hadi Awang in last November to amend the Syariah Courts (Criminal Jurisdiction Act (Act 355) to lift the caps from jail term of 3 years, fine of RM 5,000 and whipping of 6 strokes (the so-called 3-5-6 cap) to that of 30 years, RM 100,000 and 100 strokes (the new 30-100- 100 cap). We are further alarmed that Deputy Prime Minister Ahmad Zahid Hamidi has announced that the Government will table the 355 Bill.

We hold the following positions on the 355 Bill:

1. The 355 Bill will erode the basis of Malaysia as a secular federation

Formed in 1963 and consisting of Malaya, Sabah and Sarawak, Malaysia is a secular federation. Religious freedom was emphasised in negotiation of the merger and Syariah criminal law was never on agenda. Had Hudud punishments be placed on the agenda, Malaysia would not have existed. Hadi Awang’s 355 Bill however immediately enable three Hudud punishments in Kelantan and Terengganu, 100 strokes for fornication on unmarried offenders, 80 strokes for unsubstantiated accusation of fornication or sodomy and 40-80 strokes for drinking. This will erode the basis of our secular federation and the moral ground of Malaysia’s existence, planting the seed of national disintegration.

2. Exemption of East Malaysian Muslims is a lie

The reported exemption of East Malaysian Muslims is a political lie to divide and rule East and West Malaysia and to quell East Malaysian resistance. Once the 355 Bill is passed, not only the above-mentioned three Hudud punishments will come in force immediately, other punishments may subsequently to reach the maximum penalties of 30-year imprisonment, RM 100,000 in fine and 100 strokes. Other Malayan states may also follow suit. The enforcement of law is based on location where the offences take place, not even nationality let alone state of the offender. The only persons exempted from the Syariah criminal laws are the Yang diPertuan Agong and the Malay Rulers who can only be tried in the Special Court under Article 182 of the Federal Constitution which is presided by Common Law judges. Hundreds of thousands of East Malaysian Muslims will therefore be affected by the 355 Bill. East Malaysian parliamentarians must therefore staunchly oppose the 355 Bill and not deceive themselves and their voters thatEast Malaysians would be exempted.

3. Expansion of Syariah Rule would not end with this 355 Bill

While secular states may allow religious or customary laws on personal and familial matters, such laws must not be made to override common laws applied to all citizens. Act 355, which came into existence only in 1965 and was amended once in 1984, has rightly kept the criminal jurisdiction of Syariah courts at the 3-5- 6 cap, which is lower than the criminal jurisdiction of the First Class Magistrates: 5 years in imprisonment, RM 100,000 in fine and 12 strokes of whipping. This is in line with the secular intent of our Federal Constitution because punishments for religious offences should be commensurate with their scope. The 30-100- 100 cap pushed by the 355 Bill is almost approaching the criminal jurisdiction of Session Court: all punishments except death penalty. This raises the question of proportionality – will the expansion of Syariah Courts’ criminal jurisdiction today not be followed by an expansion of Syariah offences tomorrow? Will Hadi Awang who has long been advocating for a full implementation of Hudud punishments stop at this bill?

4. Defense of Secularism must not be demonised as religious conflicts

As the 355 Bill concerns all Malaysians, all Malaysians are entitled to express their view on the matter including the fear of opening a floodgate. Opposing the 355 Bill is defending our secular federation established in 1963. It is not being anti-Islam and must also not been as an inter-religious conflict. There are voices amongst the Muslims, both internationally and domestically, that oppose the implementation of tough Syariah punishments in today’s world. Even the prominent theologian Tariq Ramadan has called for a moratorium on all Hudud and corporal punishments in Syariah. If even the objection to the 355 bill is not allowed today, will there be any room of dissent left for those who hold unpopular or minority opinions once secularism is done away with?

Based on the above arguments, we call upon the Barisan Nasional Federal Government to put the nation before its partisan interests, to safeguard the basis of our secular federation, to not erode the moral ground of Malaysia’s continued existence, to not plant the seed of national disintegration by dropping its decision to table the 355 Bill. In the unfortunate event that the Barisan Nasional Federal Government recalcitrantly choose to go ahead, then all parliamentarians must put the national interests before their partisan and personal interests to safeguard Malaysia’s status as a secular federation as intended in 1963, and vote against the 355 Bill.

Endorsed by:

1. The KL & Selangor Chinese Assembly Hall, KLSCAH

2. Negeri Sembilan Chinese Assembly Hall, NSCAH

3. United Chinese School Teachers’ Association of Malaysia, UCSTAM

4. The Federation of Chinese Associations Malaysia (Huazong) Women Section

5. United Chinese Schools Alumni Associations of Malaysia, UCSAAM

6. Gabungan Persatuan Nama Keluarga Cina Malaysia

7. The Federation of Kwang Tung Associations Malaysia

8. The Federation of Heng Ann Malaysia

9. Persekutuan Persatuan-Persatuan Keturunan Lim Malaysia

10. Persatuan Wu Malaysia (KL dan Selangor)

11. Centre for Malaysian Chinese Studies