(The Star) - Despite the PAS bravado about implementing the hudud law in Kelantan without the approval of the Federal Government, it cannot be done unless the Federal Constitution and other laws are amended.
Human rights and constitutional lawyer Syahredzan Johan said the barriers set by the Federal Constitution and other legal provisions governing Islamic laws made it impossible for PAS to make its hudud plan a reality.
He said the Syariah Courts (Criminal Jurisdiction) Act 1965 provided limits to the jurisdiction of Syariah Courts in meting out punishment.
“Under the Act, Syariah Courts cannot mete out punishment of a jail term exceeding three years, fine of more than RM5,000 or whipping of more than six strokes, or any combination thereof.
“Under hudud, there are punishments such as stoning or amputation,” he said.
Kelantan Mentri Besar Datuk Nik Aziz Nik Mat had said that the state government would set up a special technical committee to implement the hudud law.
Syahredzan said hudud law also violated the provision on equality under the Federal Constitution that stipulates everyone is equal before the law.
“The punishment for a Muslim under hudud could be more severe than for a non-Muslim for the same offence,” he said.
Since the hudud jurisdiction is non-discretionary, Syahredzan said any person convicted would have no room for appeal.
“Although it takes a lot to convict a person since the evidential burden is quite high, it may also expose a Muslim suspect to double prosecution and punishment, one under the civil law and one under hudud,” he said.
DAP national chairman Karpal Singh also said it was wrong for the Kelantan government to say that it was ready to implement hudud without the approval of the Federal Government.
He said it was not the Federal Government's place to sanction hudud as it was the Constitution which must be amended.
“As for DAP, we have reiterated that hudud is unconstitutional. Pakatan Rakyat leadership needs to sit down and find ways to overcome this,” he said.
MCA Youth chief Datuk Dr Wee Ka Siong called on Pakatan to come clean and inform the people of its stand on PAS.
“Is Kelantan a Pakatan or PAS government. Pakatan must answer this question. Is PAS part of Pakatan?” he questioned.
written by Alan Tan Pei Yee, October 10, 2011 20:37:34
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written by Malaysian First, October 10, 2011 16:30:22
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written by bumiputar, October 10, 2011 12:03:05
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After that we'll debate after G13 the fcuking hudud or dudud or dangut.. Ultimate score card is to get DUMNO OUT OF PUTRAJAYA. Do u read me Rakyat???? pLS roger dat!!!! Do not be carried away by the comments of the KERALA DOG, DO NOT BE FOOLED. BE BRAVE WHATEVER COMES. Our sole fight is to get the bloody bastards out of Putra Jaya and install PKR as the new Gomen. Hidup Rakyat !! Hidup Rakyat. Rakyat is the AGONG of our beloved Malaysia.