KUALA LUMPUR – PAS president Datuk Seri Abdul Hadi Awang has slammed the Federal Court for ruling that Section 28 of the Shariah Criminal Offences (Selangor) Enactment 1995, which criminalises unnatural sex, is inconsistent with the federal constitution and is, therefore, void.
The Marang MP in a statement, described several members of the judiciary as having lost religious sensitivities.
“They have made a decision based on books that they have read and not according to their discretion,” he said.
Hadi said that British officers during the colonial era were cautious when dealing with the sensitivities of the Muslims, so much so that they placed the responsibility to handle religious issues under the purview of the Rulers.
“In fact, several court decisions by English judges (during that period) were made cautiously,” he said.
In fact, there are several Malay-Muslims who are not sensitive to Islam.
“Unfortunately, there are also those who present themselves with an English-facade more than the English themselves.”
The Federal Court’s decision, Hadi said is akin to “a boulder being thrown into still waters”.
“It was thought that there were no more remnants of the British colonial crocodiles in it, but suddenly a crocodile raised its head,” he described in a series of Malay idioms.
On February 25, the nine-member panel ruled in favour a motion brought by a man in his 30s contesting a Selangor shariah law provision on sexual intercourse against the order of nature.
Chief Justice Tun Tengku Maimun Tuan Mat, when reading the judgment summary, said the court granted the order sought by a Malaysian Muslim man who was challenging the constitutionality and validity of Section 28 of the Shariah Criminal Offences (Selangor) Enactment 1995.
She added that criminalisation of unnatural sex is one that only Parliament is empowered to enact laws on.
The charges against the man and others in the same case are expected to be dropped. – The Vibes, March 5, 2021
