After national polls, hudud back in front and centre

SHAH ALAM, Nov 23 —- Buried in the run-up to the 13^th general election, PAS today dusted off the covers on hudud at its annual congress here to discuss revising the Federal Constitution to make the strict Islamic penal code become part of federal laws.

Its Kuala Krau division, together with the Islamist party’s women’s wing, raised issue today with their proposal which they hope will pave the way forward for Pakatan Rakyat-led states to enforce the controversial criminal laws without interference from the Barisan Nasional (BN) controlled federal government.

“By sidelining and delaying the issue it would be talk of the public... They assume that the success in bringing up syariah laws is the yardstick of the Islamic struggle,” said Shahril Azman, the delegate from Kuala Krau.

“There are many between non-Muslims who support us, we have more than 20,000 members of the Supporters’ Congress who are ready with us if we want to implement Allah’s laws,” he added, referring to the Islamist party’s non-Muslim wing.

Shahril also wanted Malaysia to learn from Indonesia’s Acheh province, which has not only enforced Islamic laws but also empowered a group to act as its “moral police”.

Backing the Kuala Krau division, PAS’s women’s wing alleged that man-made laws that followed the convention, such as the National Key Result Areas (NKRA) in crime, were “weak” and have failed to improve security issues.

“Everybody in Malaysia cannot afford to bear the risk and misfortune resulting from conventional laws which have not been successful in curbing crime,” said women’s wing delegate Mumtaz Md Nawi.

Mumtaz demanded PAS MPs be allowed to push through hudud as a private member’s Bill in Parliament, or enable its enforcement in Kelantan and Terengganu if the Cabinet refused to amend the Constitution to introduce Islamic criminal law at the federal level.

The delegates also cited the endorsement of Kelantan Umno politician Tan Sri Annuar Musa to carry out hudud in the state as proof that there have been support for PAS from across the political divide.

The hudud issue was a hot topic among the party’s delegates today, with many speakers congratulating or praising—often both—neighbouring Brunei for introducing hudud despite world criticism.

The tiny oil-rich state had last month announced it will enforce hudud as part of its Syariah Penal Code from next year, prompting condemnation from global human rights advocates.

In Islamic jurisprudence, hudud cover crimes such as theft, illicit sexual relations, making unproven accusations of illicit sex, causing physical hurt, drinking intoxicants, apostasy, and acts contrary to Islamic belief.

The code implemented by Brunei specifies punishments as prescribed by Islamic holy texts, including stoning to death those caught for adultery.

However, prosecutors must fulfil a high burden of proof, including the testimony of at least four credible witnesses, in order to carry out the punishment.

Syariah law is generally confined to Muslims, but can extend to non-Muslims if they are involved in aiding or abetting an offence committed by a Muslim.

In calling for the party to review its ‘tahaluf siyasi’ — an Arabic term meaning “political consensus” — the powerful ulama (clerics) faction had suggested that its partnership in the three-party Pakatan Rakyat (PR) opposition pact had not benefited PAS yet in its goal to implement Islamic policies.

On Monday, party information chief Datuk Tuan Ibrahim Tuan Man expounded on this call, saying PAS will debate pushing PR-led state governments to impose the controversial hudud laws in their respective states at the Islamist party’s muktamar today.

The three states currently ruled by PR — composed of PAS, PKR and secular DAP — are Kelantan, Penang and Selangor.

PAS has previously passed laws in Kelantan and Terengganu introducing hudud but has not been able to carry them out due to conflict with federal laws.

PAS’s foe, Umno, had repeatedly used the political hot potato to its advantage when among the conservative Malay-Muslim support base by accusing the opposition party of straying from its original goal to set up an Islamic state, more recently in the run-up to the May national polls.

But Umno’s coalition partner, MCA, as well as PAS’s PR allies, PKR and DAP, have resisted the calls to embrace hudud, which they have said would dilute the notion of a moderate country and change Malaysia into an Islamic theocracy.