Malaysia
Kelantan says only needs simple majority in Parliament to enforce hudud
Kelantan Mentri Besar, Datuk Ahmad Yakob speaks during the Kelantan State Assembly at the Kompleks Darul Naim in Kelantan, March 19, 2015. u00e2u20acu2022 Picture by Yusof Mat Isa

KOTA BARU, March 19 ― PAS only needs a simple parliamentary majority to amend the Shariah Courts (Criminal Jurisdiction) Act 1965 to allow Kelantan to carry out hudud laws, a scenario that may become a reality since its archrivals Umno had said it would back the move.

Kelantan Mentri Besar Datuk Ahmad Yaakob said pursuing such option would force his government to drop its aim of expanding the Shariah Courts (Criminal Jurisdiction) Act 1965's jurisdiction to cover six hudud offences, but added that PAS is willing to make some sacrifices to ensure its hudud agenda succeeds.

“If we cannot cover all, perhaps four would be enough..we can try and implement the (Kelantan) Shariah Criminal Code II 1993 later,” he said in his winding up speech during the tabling of the hudud bill here this morning.

A backing of a simple majority in the Dewan Rakyat means the Shariah Courts (Criminal Jurisdiction) Act 1965 can be amended to expand its jurisdiction to mete out hudud punishments on four offences ― adultery, aspostasy, alcohol consumption and false accusation of adultery.

Kelantan government officials, including Ahmad, had said that such option would be preferable since the other ― expanding the Shariah courts powers to cover six hudud offences instead of four ― requires amendments to the Federal Constitution.

This in turn would require two-thirds parliamentary support, a scenario PAS leaders have readily admitted is unlikely to materialise since allies in Pakatan Rakyat have explicitly voiced their opposition to its hudud agenda.

There are 222 seats in the Dewan Rakyat and if all PAS and Umno MPs voiced their backing to amending the Shariah Courts (Criminal Jurisdiction) Act 1965, they would have 107 votes. They need five more votes to get a simple majority.

Deputy Kelantan MB Datuk Mohd Amar Abdullah had expressed confidence that they can muster the numbers.

“I urge all Muslim MPs, ‎regardless of their party, to join us when we table this private member's bill in Parliament. Because this is a religious issue and not a political one. We don't want to politicise this.

“If all the Muslim MPs support it, the problem is solved. We would have the support of 132 Muslim MPs regardless of their party, and we only need 112 votes,” he told reporters here yesterday.

Shariah Courts (Criminal Jurisdiction) Act 1965 already have provisions for punishment for Shariah offences but only limits them to imprisonment not exceeding three years or fine not exceeding RM5,000 or caning not exceeding six strokes or a combination thereof.

Kelantan aims to amend Shariah Courts (Criminal Jurisdiction) Act 1965 to allow it to mete out hudud punishments that include the death penalty for apostasy and stoning to death for adultery.

The two offences that Kelantan PAS said it is willing to drop in a compromise to carry out hudud laws are theft and robbery. The two offences are federal offences and are already covered in the Penal Code.

Giving the Shariah Court powers to try the two crimes will arguably create an overlap of jurisdiction between the civil and Shariah courts.

The two private members’ bills needed to enforce hudud in Kelantan will be tabled during the next Parliament sitting in May .

 

Related Articles

 

You May Also Like