THE government working at closing the loopholes that exist in the Syariah Criminal Procedure Act or Enactment to ensure it is in line with current developments in the country.

Religious Affairs Minister in the Prime Minister’s Department Mohd Na’im Mokhtar said it was also to ensure the shariah law was not manipulated by irresponsible parties, especially for shariah crimes committed online, to make enforcement and prosecution more efficient.

“This Syariah Criminal Procedure Act or Enactment determines how an investigation is to be carried out. For example, if SiHulk (Suhaini Muhammad), the founder-preacher who is believed to be in New Zealand, physically spreads his deviant teachings in Gombak, the prosecution would be carried out in the Gombak Syariah Court where the offence was committed. However, if it happened online on social media, how do we determine the offence was committed?

“This is what needs to be discussed and if there is a lacuna (missing parts) in the Syariah Criminal Procedure Act or Enactment, then the act or enactment needs to be amended,” he said after officiating at the Conference on the Enforcement of Current Syariah Issues at the Federal Territory level yesterday.

In addition, he said the government was considering a proposal to create a cadre of legal advisers at the Federal Territory Islamic Religious Department (Jawi) to strengthen the shariah law enforcement section of the agency.

Naim said that the positions, among other things, aim to provide appropriate and immediate legal advice to launch enforcement tasks and will meet with the Attorney-General’s Chambers (AGC) and the Public Service Department to discuss the matter.

“In Jawi, especially in the enforcement department, sometimes many controversial cases require an opinion from the AGC. Jawi no longer has (a legal adviser) so it has to get that opinion from a legal adviser in the Islamic Development Department of Malaysia, which is another agency, or from the AGC.” – Bernama, October 31, 2023.