We can now see some religious societies going against the Syariah Courts. Namely Council of Churches Malaysia (CCM) and Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) are among the most vocal. There is a specific event that lead to their ever expressive opposition, the Private Member’s Bill tabled by Datuk Seri Abdul Hadi.
This Bill seeks to elevate the current punishments under the Syariah Courts. The current sentences were last amended 32 years ago in 1984. The existing penalties are not as relevant as they once were. The current maximum sentences are, RM 5,000 fine, 6 whips and three years in jail.
Imagine a RM 5,000 fine for pimping. A pander probably earns that much money overnight. This amount does not scare them. If caught by the police they can just pay the fine and start business all over again the next day. In this case the legal system has failed to serve as a credible deterrent for criminals.
A sound impediment would seek to prevent crimes rather than punish. Punishments are no doubt a last resort to seek justice. When education cannot shape the thoughts and actions of people, then punishment becomes necessary. Heavy penalties serve a greater good for the society and prevent further social decay.
Social decay associated with vice can ruin a society. It causes a person to neglect responsibilities, abuse and/or exploit others for their benefit. As the number of social issues rise, a nation will have difficulty developing the society and the economy.
There have been many social issues with respect to prostitution, gambling, drinking and so on. We highlight these three as they are the easiest to commit and most common. How many people have died on roads because of drunk driving? Drunk drivers not only harm themselves but also endanger other road users.
How about domestic abuse related alcohol? How many times have women been victimised by their drunk husbands? Some were even beaten to death by enraged drunken spouses. Not only that, prostitution is another menace to the society.
How many times have households been destroyed because of prostitution? How many times have sexually transmitted diseases made their way into households because of sex with prostitutes? How many times children were born to parents with AIDS?
Gambling is another social vice that can deeply affect nations. Families destroyed by fathers who gamble. Spending their wealth on their addiction to gambling rather than their family members. How many times have addicted gamblers taken debts from loan sharks? Successfully destroying the future of their children. How many times have gamblers sold off family wealth to merely satisfy their thirst for gambling.
In order to curb the mentioned crimes Act 355 has to be amended. Besides, this Act can only be enforced on Muslims. The non-Muslims will be free to carry out their routine life. What we seek is to at least minimise moral crimes among the Muslims in the country. The laws and the enforcements go hand in hand.
If there is no law you can not enforce something. But if there is a law and there is no enforcement, it is just as hopeless. Together, both law and enforcement can help curb crimes in society.
Amendment to the Act seeks to raise the ceiling so as to serve as a credible deterrent for today’s society. To make punishments under the Syariah Courts relevant again. To help society combat vice, a punishment system that can prevent and deter crimes from happening is imperative.
Act 355 is only applicable to Muslims, as mentioned under the First Order of the State List in the Ninth Schedule of the Federal Constitution. The crimes that can be punished under the Syariah Courts are exhaustively mentioned in the Federal Constitution.
For those who seek to learn, we can explain the role of the Syariah Courts. At the same time understand that disagreements are inevitable for us humans. We might be referring to the same point but differ in the context and meaning.
However disagreements should be based on truth and legitimate concerns. Vilifying Act 355 in order to impede support in the Parliament, is not an act of justice nor wisdom. We invite those who do not understand the Act, so that we can answer and explain. We should seek clarity with regards to something that we don’t understand.
As it is, the Syariah Courts serve to punish Muslims who have transgressed. This should serve as a basic understanding of the role of Syariah Courts. A progressive society has a good education and legal system. In order to make the Syariah Courts “good” and relevant again Act 355 has to be amended.
Support for this Act is to develop a better society. We do not deny that education is very important to prevent social decay. The legal system serves as the last resort to obtain justice and set precedence for others. Severe punishments can prevent crimes from happening. We should live as a society that respects each other and is empathetic.
Non-Muslims need not worry about this amendment as it caters for crimes under the jurisdiction of Syariah Courts. Support for the Amendment to Act 355 is a matter of national interest. We hope, in the future we can witness a better nation for our future generation via consistent education and legal reforms.
Rehan Ahmad Bin Jamaluddin Ahmad
Research Fellow, Institut Kajian Strategik Islam Malaysia (IKSIM)
