Syariah Courts (Criminal Jurisdiction) Act 1965

Unity Government and Reform · Debate · 12 min read

Should Parliament Amend Act 355 to Increase Syariah Court Criminal Jurisdiction Limits?

Affirmative argues "Parliament should amend it"; Negative argues "the constitutional framework and equality principle do not allow it"—six debaters, open discussion, three judges, every claim sourced

In 1965, Parliament passed Act 355, granting state Syariah courts criminal jurisdiction: maximum 3 years imprisonment, RM5,000 fine, or 6 strokes of caning. PAS President Hadi Awang proposed in 2016 (RUU355) to significantly raise these limits. In February 2024, the Federal Court ruled 8–1 that 16 provisions of Kelantan's Syariah Criminal Code were unconstitutional—states had no power to unilaterally exceed the limits set by the 1965 Act. But does Parliament itself have the power to change that limit? That is the true question at stake.