MARCH 19 — Despite huge controversy and opposition, Kelantan Menteri Besar Datuk Ahmad Yakob tabled the amendments to the Shariah Criminal Code Enactment II 1993 at the Kelantan state assembly meeting yesterday.

The debate on the amendments was postponed to this morning, and the bill is expected to pass without suspense. PAS will later present a private member’s bill at Dewan Rakyat to further remove obstacles in implementing hudud law in the state.

State ruling and opposition assembly members have agreed that it is necessary to implement hudud law in Kelantan and a PAS state assembly member even said that Malacca, Pahang, Johor, Terengganu, Perak and Kedah, which had implemented hudud law before the colonial invasion, should also follow suit.

It means that after a gap is opened in Kelantan, a domino effect might be triggered and the country’s foundation of secular system will be destroyed.

The “new Act” comes with five amendments, including the deletion of option for non-Muslims to be tried under hudud, meaning that they will only be subject to civil law. However, it is meaningless as it is absolutely not feasible to have two legal systems in a country. The rule of law must be fair and different criminals committing same crimes cannot be subject to different laws.

Moreover, even with the currently limited power of the Syariah Court, the life and rights of non-Muslims have already been restricted and thus, the deletion of option for non-Muslims to be tried under hudud is actually only a pretext. From other countries implementing hudud law, we can see that non-Muslims have been given no choice but have their rights and interests affected.

In the face of such a situation, all aspects of the country, including economy, culture and religious practices, will face huge impacts and the people have no way to turn the tide even if they show strong determination of opposing against the implementation of hudud law. It still depends on political power to stop PAS from continue playing with fire.

Gerakan has filed a court case to challenge the legitimacy of Kelantan state government’s move of presenting the bill at the Kelantan state assembly meeting. If Kelantan state government remains stubborn, Gerakan will apply to the court to prohibit them from presenting a private member’s bill at Dewan Rakyat to amend the exercise right of the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355).

At the same time, after the bill obtains the Royal Assent of Kelantan Sultan, the MCA will choose filing a high court demand to declare the bill passed at the Kelantan state assembly meeting as unconstitutional or directly filing a case in the Federal Court to declare the bill unconstitutional or invalid.

The actions taken or to be taken by the two BN Chinese-based parties are appropriate and in accordance with the public will. However, Kelantan Umno members have supported the bill and would Umno members give their support once PAS presents a private member’s bill at Dewan Rakyat? The MCA and Gerakan must demand a clear stand from the Prime Minister and the BN Supreme Council, ensuring that they will not violate the BN and national founding agreements.

Meanwhile, the DAP and PKR are duty-bound to take PAS’ words and deeds seriously. The DAP and PKR cannot shirk responsibility with political language, but must stop the implementation of hudud law, and responsibly answer to public opinion and demand, to avoid becoming the sinners who shake the country’s foundation. — Sin Chew Daily

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