PAS: Federal Court decision shows hudud law not against Constitution

KUALA LUMPUR, Oct 21 ― The Federal Court's dismissal of three Gerakan members' attempt to challenge Kelantan’s hudud enactment proves that the PAS-led government’s move to implement the Islamic penal code in the state is in line with the Constitution.

The party’s communications director Ahmad Amzad Hashim said the apex court's ruling ultimately disproved claims by critics, particularly the the DAP, that Kelantan's Shariah Enactment (Criminal Code) 1993 was unconstitutional.

“The decision by the Federal Court yesterday on Gerakan's bid to challenge the Kelantan Shariah Criminal Law is very important. The Federal Court rejected Gerakan's application (for leave) that suggested the Kelantan Shariah Criminal Code was in violation of the Constitution.

“This has been DAP’s argument all this time ― that hudud is against the Constitution and that this is why they will fight it to the end,” Ahmad Amzad said in a statement published on the party's official website.

Ahmad Amzad also noted that the apex court ruling followed Gerakan's failure to prove specifically how Kelantan's hudud law would affect non-Muslims, which he said vindicates PAS from claims that the Shariah Criminal Enactment would impinge on the rights of those of other faiths.

“The underlying message (of the ruling) is that hudud is the business of Muslims that will not affect non-Muslims,” he said.

Federal Court judge Datuk Zaharah Ibrahim yesterday rejected the the Gerakan members' application for leave to challenge the state government's jurisdiction to approve the law after accepting the Kelantan government’s argument that only those affected by the Islamic penal code should mount such a challenge.

“There is no statement in any affidavit of the applicants how they have or will be affected. The law being challenged is only applicable to Muslims, yet none of the affected stated they are Muslims,” she said in her decision after hearing arguments from both sides.

Ahmad Amzad also suggested that the ruling proved the legitimacy of PAS's Islamic agenda. He urged Muslims against believing any arguments otherwise.

“Do not believe the lies that say any struggle to uphold Islamic laws that is part of us and our iman (faith).

“The people of this country can accept laws introduced by the British that is very alien.

“But what is weird is that they are weary of attempts to dignify laws derived from the official religion of this country which is Islam, which position is enshrined in the Federal Constitution,” he said.