KUALA LUMPUR: Any decision regarding the proposal to amend the Federal Constitution to allow states to enact syariah criminal laws should not be done hastily, says Datuk Dr Mohd Na’im Mokhtar.
The Minister in the Prime Minister's Department (Religious Affairs) said the government takes note that there is a proposal to amend the constitution to give clear powers to the states to enact their own syariah criminal laws, adding that it needed a comprehensive study on the matter.
"In this regard, any proposals regarding this matter cannot be rushed.
“In-depth and comprehensive studies on the matter must be conducted to ensure that any decisions made are precise, legally sound, and defensible if challenged in court later," he said in a written reply in response to a question from Tan Sri Abdul Hadi Awang (PN-Marang).
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Abdul Hadi, who is also the PAS president, had asked the government if it was prepared to amend the Federal Constitution to safeguard the rights of states to enact their own syariah criminal laws.
Mohd Na'im added that the special committee on competence of state assemblies in enacting Islamic laws will also examine and fine-tune the matter.
"I believe that the study being conducted by the special committee will help find the best and harmonious solutions to address issues regarding the competency of state assemblies to enact syariah laws and the jurisdiction of the syariah courts as provided under Item 1, State List II-Ninth Schedule of the constitution," said the minister.
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"Any proposals, views, and suggestions presented by the special committee, including amendments to any laws or the constitution, will be thoroughly examined to ensure that the best solutions are brought forward to the National Council for Islamic Religious Affairs (MKI) and the Conference of Rulers in the future," added Mohd Na'im.