KUALA LUMPUR – A plan by Malaysian Prime Minister Anwar Ibrahim’s government to table a controversial amendment that would raise the Syariah Courts’ criminal powers has quickly drawn criticism from its own ally, the Malaysian Chinese Association (MCA), over worries that non-Muslims will be affected.
This is the latest move by the Anwar administration in an apparent effort to appeal to Muslims and out-Islamise the opposition Perikatan Nasional (PN) coalition dominated by Parti Islam SeMalaysia (PAS), ahead of crucial polls expected in July in six states.
On Thursday, de facto minister for religious affairs Mohd Na’im Mokhtar told Parliament that the government plans to table the amendment – also known by its Malay initials RUU355 – to the Syariah Courts (Criminal Jurisdiction) Act after getting Cabinet approval. However, the minister did not provide a timeline for when the approval will arrive.
PAS vice-president Idris Ahmad, who was religious affairs minister from August 2021 to November last year, said the previous Cabinet had already greenlit the amendment for tabling.
“During the previous administration, the Cabinet had already approved it, and sent it to the Attorney-General,” he told The Straits Times on Friday, adding that it had been slated for tabling in November last year until Parliament was dissolved for the general election.
MCA vice-president Ti Lian Ker tweeted on Friday that its leaders were “prepared to quit the Barisan Nasional Cabinet” back when the amendment was proposed and supported by Umno, but highlighted how this time, there was silence from the Chinese-based Democratic Action Party (DAP), a key ally of Datuk Seri Anwar’s unity government.
MCA has two MPs and DAP 40 MPs.
Analysts said the law will not affect non-Muslims as it will only involve the Islamic courts, but many non-Muslims remain wary of it. The Bill aims to raise the Syariah Courts’ maximum sentencing limits for criminal offences to 30 years’ jail, a RM100,000 (S$29,300) fine and 100 strokes of the cane. The current limits are three years’ jail, a RM5,000 fine and six strokes.
Singapore Institute of International Affairs senior fellow Oh Ei Sun said that the unity government is facing a dilemma in how to boost its religious credibility without losing support from non-Malays.
“The unity government would almost have to table this to buttress its religious credentials in anticipation of the state elections, in which another green wave looks set to sweep across,” he told ST, adding that the DAP will most likely object or risk losing its traditional non-Malay support base.
By tabling the Bill, Mr Anwar’s Pakatan Harapan coalition hopes it will not lose more supporters in the northern Muslim-belt states of Kelantan, Terengganu and Kedah, which will hold their state polls soon.
“It is difficult to match PAS’ religiosity in those Malay heartlands,” said Dr Oh.
He predicted a mixed response among urban Malays in Selangor, Negeri Sembilan and Penang, which will hold state polls at the same time.
“Those who are decidedly liberal would decry such a move. But there are also steadily growing pockets of urban conservative Malays who would welcome it.”
The plan to table the amendment follows several government measures which also drew criticism from some quarters.
Recent raids by authorities on Swatch stores in Malaysia over the sale of Pride-themed rainbow watches have sparked an angry response from the Swiss-based watchmaker. The watches’ six colours match the lesbian, gay, bisexual and transgender (LGBT) community flag.
On the other hand, a decision by the government to drop an appeal against a 2021 High Court verdict that allows non-Muslims to use “Allah” to refer to God after a decades-long battle has sparked an outcry from Islamic groups, including the two largest Muslim political parties in Malaysia.
These disputes underscore the fragile inter-ethnic tightrope that the unity government of disparate parties must walk at a time when political parties have already begun unofficial campaigning for the elections.
Dr Mazlan Ali, senior lecturer at the Razak Faculty of Technology and Informatics at Universiti Teknologi Malaysia, said: “The Anwar administration faces pressure from the opposition. It is accused of being pro-liberal and pro-LGBT. PN often uses religion and race to attack the government.
“The PM wants to prove that the opposite is true and that the unity government is serious in tackling Islam-related issues.”
