Hadi Awang Calls for Abolition of Colonial Laws to Strengthen Syariah Rule in Malaysia

Statutes Targeted by the PAS Leadership

Hadi singled out several specific pieces of legislation for removal, identifying the Syariah Courts (Criminal Jurisdiction) Act 1965, commonly known as Act 355, as a primary obstacle. According to reports from The Edge Malaysia, Act 355 currently limits Syariah court sentencing powers to a maximum of three years’ imprisonment, a RM5,000 fine, and six strokes of whipping—a restriction established through a 1984 amendment.

In addition to Act 355, Hadi’s statement criticized the Civil Law Act 1956 and the division of legislative powers outlined in the Ninth Schedule of the Federal Constitution. Hadi argued that overlapping jurisdictions have repeatedly resulted in state-level Islamic enactments being challenged and struck down in civil courts.

Historical Precedents and Constitutional Arguments

To support his legal and political arguments, Hadi invoked the late Islamic law scholar Ahmad Ibrahim, citing a call to interpret Article 3(1) of the Federal Constitution in a broader context. According to Malay Mail, this interpretation views Islam not merely as the ritualistic religion of the Federation, but as a complete way of life encompassing law, politics, and economics. Hadi noted that this expansive view was shared by former judicial figures, including former Chief Justices Tun Salleh Abas and Tun Ahmad Fairuz.

The statement also referenced the deliberations of the 1956 Reid Commission, which drafted the independence constitution. Hadi pointed out that an initial draft had included explicit language designating Malaya as a secular state alongside recognizing Islam as the official religion. That wording was ultimately removed following objections from the Malay Rulers and PAS, which has long maintained that the eventual compromise in Article 3 is merely ornamental.

Political Opposition and Party Stances

A significant portion of Hadi’s statement targeted the Democratic Action Party (DAP), which he accused of leading efforts to block the further Islamization of Malaysia’s legal structure.

Hadi also criticized his party’s former political allies in Parti Keadilan Rakyat (PKR) and Parti Amanah Negara (Amanah), alleging they failed to adequately defend the position of Islam against the DAP. Consequently, Hadi declared that PAS treats the matter as an absolute religious principle rather than standard political discourse, confirming that the party has formally severed political cooperation, or tahaluf siyasi, with political entities that challenge Islam’s constitutional standing.