Act 355 does not apply to non-Muslims. True or false?

Some Malaysian politicians want the Islamic Courts’ sentencing power to be expanded. That is to amend the enactment Act 355 of the Syariah Courts (Criminal Jurisdiction) Act 1965.

Soon, religious police will roam the streets and storm private bedrooms to ensure that Muslims do not misbehave. What use is the legislation of Act 355 if it is not enforced at all?

* 3 years to 30 years jail. Increase of 1,000%
* RM5,000 to RM100,000 fine. Increase of 2,000%
* 6 strokes to 100 strokes of the cane. Increase of 1,666%

We have heard of the reputation of the Mutaween vice squad in Saudi Arabia. They are on fire with incorruptible zeal.

Link to Mutaween.

This has created feelings of unrest among non-Muslims and Muslims alike. PAS politicians have been struggling to explain that the empowerment of Act 355 does not apply to non-Muslims.


Even former Chief Justice Tun Ahmad Fairuz Abdul Halim had this to say, “The RUU 355 does not involve the non-Muslims at all. Why should they worry?”

Well, that is the truth but with a ‘twist’.

It is said that the Syariah Courts in PAS-ruled Kelantan are only for Muslims. By the way, this is PAS’ own version of the law as it so interpreted.

Non-Muslims cannot appear before Syariah Judges or seek legal redress in Syariah Courts for grievances afflicted by Muslims upon non-Muslims. Unless they convert to Islam.

The testimony of non-Muslim witnesses are also not accepted. Thus inferring that even a non-Muslim public official of integrity – his solemn statement made under oath is almost worthless.

Some reports also suggested that the testimony of a female Muslim witness is worth only half the value of a Muslim man. The reasons for this gender bias is still unclear.

An empowered Islamic Act 355 will create a dual legal system in Malaysia. One code draws from the Qu’ran and the Hadiths’ text from the 7th century.

The other civil code is open and inclusive – drawing from the best judgments of the judicial minds in the Commonwealth.

Whether the Islamic system can co-exist coherently with the civil system remains to be seen.

Khalid Bakar


Even our IGP Tan Sri Khalid Bakar had his moments of uncertainty. It so happened when there were two conflicting court orders from the Syariah Court and the Civil Court respectively. Which one court order should the police enforce?

This was in the case of a divorce cum child custody case where the husband was a Muslim convert and the wife a Hindu. The marriage was consumnated under Hindu rites when both were still Hindus.

Former CJ Ahmad Fairuz said that anything that is in contradiction to Islam or anything that went against Islamic laws’ main sources, which are the Quran and Sunnah, is unconstitutional. This was his personal interpretation.

Former CJ speaks to NST.

Remember this. When your former Chief Justice tells you that Act 355 does not “involve” non-Muslims, it doesn’t mean that it will not “affect” non-Muslims.

Finally, do you see the ‘twist’?

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The Malays’ Political Thinking

The Malay cum Muslim populace in Malaysia can sustain diverse views in the school of political thought. It is unimaginable yet the facts are clearly plausible.

From left-wing to right-wing politics, the Malays have been there.

From the royalists to the career politicians, the Malays have been there.

From communism (during Chin Ping’s time) to capitalistic wheeling-and-dealing politics (1MDB), the Malays have been there.

Malay cum Muslim


Royalty, religion and rich privileges of bumiputras (sons of soil) are the hallmark of Malay politics.

When these attributes are perceived to be threatened, the Malays will quickly close ranks. It is always inevitable.

Opposition politicians are too often labelled as “anti-Islam” or “anti-Bumiputra” whenever they raise issues in Parliament.

It worked and too often in the past. But due to over-dose and over-usage of the formula, a counter effect is now starting to take place.

The chasm is growing, deepening and widening in the potpourri of politics. Hard questions are now being asked increasingly in social media.

What is the degree of entitlements allowed – that millions of development dollars (ringgit) can go missing and unaccounted for? When will this vaporization of millions even billions; be reclassified as corruption?

Does the Government’s interpretation of Islamic tenets reflect the core values of religion which can be applied in the current social context? Which will win … the 21st century or the 7th century?

Recently, the Barisan Nasional proposed to take over Hadi’s Islamic bill RUU355 for tabling in Parliament. The other BN component parties then overwhelmingly out-voted the Umno leaders.

Does this message need to become any clearer?

Is there any more hope for reconciliation?

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Malaysia is not alone in facing the affliction of pedophilia and child rape. It is a scourge to our civilized society.

In the backdrop of increasing statutory rape of minors, this is what PAS’ Ulama Council Information Chief has to say.

Dr. Mohd Khairuddin Aman Razali preposterously proposed that the under-aged Muslim victim should be married off to her Muslim rapist.


Stop child marriage



Just imagine – this is the best solution that the PAS’ council of religious scholars can come up with.

What about protecting our children? What about their primary, secondary and tertiary education?

What about a custodial sentence as to warn off other potential pedophiles?

To send a clear message to the child rapists to stop screwing our children.

Europe child marriage
* This is happening in Europe where immigrants insist on marrying child brides.


PAS is also tabling a private member bill (RUU-355) in the Malaysian Parliament to increase Hudud punishments.

Like 100 lashes of cane for offenders of premarital sex. Gay sex, incest and adultery will also see increased punishments. Ingenious, right?

Stop! Let us all be sensible for two moments.

Moral misbehavior is the failure of religious education or family upbringing.

If the PAS-controlled Kelantan with religious education – had a higher rate of illicit sex offences – compared to the Kafir or non-believers in Malaysia – what does that tell you?

PAS had failed miserably!!!

PAS had been too busy playing politics!!!

Some speculate that PAS is tabling Act 355 with the motive to divert attention from its dismal failure in managing its home state Kelantan.

Yes, Kelantan carries the dubious honour of sky-high rate of drug abuse, illicit sex and AIDS infection among the Malay states. Sad indeed.

GE14 is due in the next 12 months. It’s time to change the balance of power in Kelantan.

Hopefully, new leadership will rejuvenate the people and resolve its social ills.

To the people of Kelantan – how about dumping PAS and giving UMNO a try? Seriously.

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