THE Dewan Rakyat Speaker must respect the Malay Rulers who are in charge of Islam in their states by preventing the tabling and debate of PAS president Abdul Hadi Awang’s private members’ bill to enhance shariah penalties, said former MP Mohamed Tawfik Ismail.

In a letter to Speaker Pandikar Amin Mulia and Dewan Rakyat Secretary Roosme Hamzah, Tawfik said the bill, also known as RUU355, was still on the Order Paper for the Dewan Rakyat sitting that ends this month.

The bill to enhance penalties under the Shariah Courts (Criminal Jurisdiction) Act should not be allowed through as matters involving Islam had to first be approved by the Malay Rulers of the states, the son of former deputy prime minister Dr Ismail Abdul Rahman said.

“While the Speaker has the freedom to direct the proceedings of the Dewan Rakyat, this freedom is subject to and bound by provisions in the Federal Constitution … in matters concerning Islam.

“Inserting Hadi’s bill as an item in the Dewan Rakyat Order paper for tabling and debate in this session contradicts and is contrary with the constitutional provision and is against the oath taken by the Speaker to protect the constitution,” said Tawfik through his lawyers from the firm Mansoor Saat, Siti Kasim & Associates.

The former Sungai Benut MP said it would be subjudice of Pandikar to give passage to Hadi’s bill that seeks to increase shariah penalties. Currently, shariah criminal punishments are capped at three years’ for prison terms, RM5,000 in fines, and six strokes of the rotan.

“We urge the speaker not to continue the tabling and debate of Hadi’s bill out of loyalty to the king and country, the supremacy of the constitution, the rule of law and out of respect to the position of the Malay Rulers,” the letter dated November 8 said, paraphrasing Malaysia’s declaration of national principles known as Rukunegara.

Hadi’s bill is listed as the seventh item on the Order Paper for Monday’s sitting as posted on the Parliament website. 

In March, Tawfik had filed a suit in the High Court seeking a declaration on the constitutionality of the amendments proposed by Hadi without the approval of the Conference of Rulers.

He had also sent legal notice to Pandikar and Roosme after filing the suit to prevent passage of the bill with the matter in the court.

Last month, Pandikar and Roosme filed an application with the court to strike out Tawfik’s suit. The High Court has fixed January 11 to hear the application. – November 11, 2017.