Datuk Mohd Na’im Mokhtar says the special committee established to study the competencies of the state legislative assembly in enacting Islamic laws will also examine the matter. - NSTP file pic
Datuk Mohd Na’im Mokhtar says the special committee established to study the competencies of the state legislative assembly in enacting Islamic laws will also examine the matter. - NSTP file pic

KUALA LUMPUR: Any decision to amend the Federal Constitution to ensure the rights of states to enact Syariah criminal laws be protected should not be made hastily.

Minister in Prime Minister's Department (Religious Affairs) Datuk Mohd Na'im Mokhtar said any proposal on the matter should also not be rushed.

"The government takes note that there is a proposal to amend the constitution to allow clear authority to the states in enacting Syariah criminal laws.

"(However,) a thorough and comprehensive review on the matter should be conducted to ensure that any decisions made are accurate, organised in terms of law perspective and is defensible if challenged in court later," he said in a parliamentary written reply on March 19.

He said this in response to Tan Sri Abdul Hadi Awang (PN-Marang) who enquired about the government's readiness to amend the Federal Constitution to protect the rights of states to enact Syariah criminal laws.

He added that the special committee established to study the competencies of the state legislative assembly in enacting Islamic laws will also examine the matter.

"I believe that the study being conducted by a special committee can help find the best solutions to address the issues regarding the competence of the state legislative assembly to enact Islamic laws and the jurisdiction of the Syariah court as provided under Item 1 of the Second List (State List) in the Ninth Schedule of the Federal Constitution.

"Any suggestions and views presented by the special committee, including amendments to any laws or the Federal Constitution will also be thoroughly scrutinised to ensure that the best solution is presented to the National Council of Islamic Religious Affairs and the Conference of Rulers in the future."