The chairman of the council Abdul Aziz Abdul Rahman said Parliament was not empowered to decide on matters of Islam.
The Council consists of 284 Malay NGOs, according to a report in The Star.
Abdul Aziz was quoted in The Star as saying that related laws — namely the Shariah Courts (Criminal Jurisdiction) Act 1965 (Act 335) and the Kelantan Shariah Criminal Code II – were also illegal and unconstitutional.
“All the three laws are not consistent with certain provisions of the Federal Constitution. Also, Parliament has no power to decide on matters related to Islam.
“Federal law cannot empower a state or Shariah Court on a matter in which it is powerless,” he was quoted by The Star as telling reporters here yesterday.
The bill seeks to amend the Shariah Courts (Criminal Jurisdiction) (Amendment) 2016 to allow the Kelantan PAS State Government to impose hudud punishments – except the death sentence – for criminal offences.
Abdul Aziz argued that while Act 335 had indeed been passed in Parliament, the August House neither had power over the religion nor the power to legislate on the Shariah Court as stated under the Federal Constitution.
“Abdul Hadi is proposing to amend the existing Act 335, which is just as illegal. We suggest that he withdraw the bill and the Dewan Rakyat should not allow the bill to be tabled.
“Kelantan should also repeal the Shariah Criminal Code II and the Dewan Rakyat should repeal Act 335,” he said.
Abdul Aziz urged those insisting on pursuing the issue to study the Federal Constitution and come up with the right amendments before proposing to pass the bill.
“Laws concerning Islam are within the state’s jurisdiction.
“The Rulers have discretion and the Rulers act based on the advice of the religious council in their state.
“Abdul Hadi must first discuss the bill with the state religious councils. Otherwise, it will appear as if he has no respect for the Rulers and the religious councils,” he was quoted as saying.
According to The Star report Abdul Aziz said since Islamic law was not defined in the Federal Constitution, Islamic law on matters relating to the precepts of the religion and not covered by federal law had to be dealt with in accordance with the Quran and hadith.
Most lawmakers were caught by surprise when Hadi’s controversial bill was fast-tracked for debate during the May parliamentary sitting.
Hadi had then said the bill would only be debated in the next Parliament meeting in October.