COMMENT We, G25, anxiously appeal for a promise from each honourable Member of Parliament to not support/cancel the debate on PAS’ private motion to amend Act 355, which will now be debated in Parliament.

We hope the honourable MPs would ponder upon and note that any amendment to Islamic laws should be done within the framework of the Federal Constitution.

Specifically, Article 4 provides for the superiority of the federal law and civil courts over state Islamic enactments and syariah courts.

This ensures the existence of only one system of justice governing all Malaysians.

Limitations on powers of syariah courts

Item 1 in the Ninth Schedule of the State List of the Federal Constitution states that the syariah courts 'shall not have jurisdiction in respect of offences except in so far as conferred by federal law'.

The purpose of this provision is for Parliament to have oversight and control over offences, including the nature of punishments created by state enactments, so that the state legislatures do not have a free hand to create offences or to prescribe sentences.

Increasing status of syariah courts complicates enforcement

The desire to raise the status of the syariah courts to be at par with the civil courts is worrying and very likely will shock our multi-racial community as it will raise questions on the direction of the country’s legal system.

A secular system of justice existing side by side with the Islamic system is not only unconstitutional but will cause considerable confusion and uncertainty in the enforcement of law and order.

A big risk with investors

Economists and international experts who have studied Malaysia's remarkable economic development over a relatively short period to become one of the most advanced economies in the developing world, have always cited its system of law and administration as a key factor in attracting foreign and local investors to do business here.

It is a system which foreigners are familiar with because it is similar to what they find in their own countries.

Their presence is most important for the transfer of knowledge and technology so that Malaysians can benefit by developing our own skills to compete in the world market.

Our country will be taking a big risk with foreign and local investors if we have a system of law which is moving away from its original character to become more religiously oriented and less tolerant of modern lifestyles and values ...