Monday, October 10, 2011

'Hudud Law' is downright Unconstitutional!

How many different laws does one country need? We are a Commonwealth Country & The Law Of The Land is Civil Law & should remain so. This is a huge problem in Malaysia, Religion interferes with Politics and Government & man Muslims are becoming more difficult with their religion.

Back in Pre-Independence, Post Independence until the late 80s, Muslims were much more liberated and far from difficult. This society is moving backwards while pressuring the government and political arena to follow so.

GEORGE TOWN: "There are going to be a lot of problems," said DAP national chairman Karpal Singh in shooting down Kelantan Menteri Besar Datuk Nik Abdul Aziz Nik Mat's pledge to go ahead with hudud even without Federal Government approval.

Karpal said Nik Aziz was "completely misconceived" in thinking that Kelantan needed the Federal Government's approval before the Islamic law could be enforced.He said opposition leaders had to sit down and find ways to overcome the impasse, especially with the general election just around the corner.

"It looks like Pas is bent on implementing hudud, although it is not up to the Federal Government to grant any approval.

"It is not going to be easy to reconcile our differences. On the one hand, Pas is insisting on hudud and on the other, we are against it."He also made it clear that DAP would never agree to any amendments to the Constitution if the opposition managed to grab federal control in the next general election.

Karpal said the Federal Government had nothing to do with what was required in implementing hudud."It is an amendment to the Constitution, which is the supreme law of the country, that is required (before hudud can be implemented)."As it is, Nik Aziz's plan to implement hudud is completely against constitutional principles."

Karpal said DAP's stand had been consistent from day one and the party was clear that the passing of hudud enactment in Kelantan and Terengganu was not in line with the provisions of the Federal Constitution.Nik Aziz reiterated yesterday that the power to implement hudud in Kelantan remained with the state government as Islamic matters came under the purview of the sultan.Therefore, Nik Aziz, who is also Pas spiritual adviser, said there was no reason for the Federal Government to interfere with the move by Kelantan to introduce the law as hudud would be confined to syariah courts for Muslim offenders only."

It is clear that the state government has the right to implement the law. It is also the sultan's right (to consent to the implementation of hudud)," said Nik Aziz when addressing participants at a seminar on multiracial harmony, at a resort in Pantai Cahaya Bulan in Kota Baru.Nik Aziz said he had dropped hudud's implementation when the state government enacted the law in 1993 for the fear that Mageran(emergency rule) would be imposed on Kelantan.

On Friday, Nik Aziz said Kelantan was ready to implement hudud without approval from the Federal Government. He said the state was advised by constitutional lawyers that it did not need the approval of the Federal Government for the implementation of hudud as it was a state matter.In Kuala Terengganu, Pas Dewan Ulamak chief Datuk Harun Taib said DAP should not blow the issue out of proportion "even from a legal standpoint as we feel that it does not contradict the Constitution".Harun said it was not unconstitutional to go against the Federal Government as hudud had been passed at the state level in 1993.

Pas Terengganu commissioner Mohd Abdul Wahid Endut said he did not understand why DAP was adamant against hudud even when Deputy Prime Minister Tan Sri Muhyiddin Yassin was not against it."Whether to implement it or not is totally a different matter as the Kelantan state assembly passed the hudud enactment in 1993 and when Pas ruled Terengganu in 2003."There have been no amendments for so long.

The fact is, the law is already there, so what is the problem?"Pas vice-president Salahuddin Ayub said Kelantan could proceed with hudud whether it is "unconstitutional or not"."While we respect our right to dissent, at the end of the day, whether it is constitutional or not, it is up for the courts to decide."Parti Keadilan Rakyat vice-president R. Sivarasa downplayed the highly publicised fight between DAP and Pas and described it as a "non-issue"."

This is not an issue for the opposition because hudud is never mentioned in our common policy framework, which is Buku Jingga."He added that the opposition was committed to the Federal Constitution and would only implement policies agreed by the three parties if it takes over the government."However, we respect each party's ideology and cannot force DAP or Pas to change that."

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