States powerless to implement hudud, says Bar Council
Lim said having dual punishment systems would be unconstitutional. File pic
Lim Chee Wee, who is Bar Council president, explained that the Federal Constitution only allowed individual states to enact laws and respective punishments for offences against Islam.
These offences, he pointed out, excluded those already provided for under federal legislation and there cannot be any replication of state laws with the federal laws.
The law, as it stands, does not allow for the implementation of hudud by the states, he said in a statement today.
Lim also said that it was unconstitutional to provide different forms of punishment for Muslims and non-Muslims.
These laws, if enacted, must themselves be consistent with fundamental liberties guaranteed to all citizens, including Muslims, under Part II of the Federal Constitution.
Citing the Syariah Courts (Criminal Jurisdiction) Act 1965, the lawyer said the penalties that syariah courts can mete out are clearly circumscribed, and do not include the punishments provided under hudud.
Hudud, being essentially penal laws, comes under the jurisdiction of the Federal Parliament.
The Ninth Schedule of the Federal Constitution lists criminal laws and procedure, as well as internal security and public order, under the Federal list, he said.
The Kelantan PAS government has said that it will push ahead with plans to implement hudud law despite the fact that Pakatan Rakyat (PR) had earlier agreed that Islamic criminal law was not part of its joint policy.
State PAS deputy commissioner II Datuk Mohd Amar Nik Abdullah was quoted by The Star today as saying that the implementation of hudud law was only a matter of time and that the party would take! into co nsideration the current situation concerning opposition to the law.
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