`


THERE IS NO GOD EXCEPT ALLAH
read:
MALAYSIA Tanah Tumpah Darahku

LOVE MALAYSIA!!!


 


Saturday, April 18, 2015

Kelantan PAS trying to scuttle hudud case in High Court, says lawyer

On March 19, all 44 assemblymen voted in favour of the Shariah Criminal Code II Enactment 1993 (Amendment 2015) in the Kelantan assembly, paving the way for hudud to be implemented in the state. – The Malaysian Insider file pic, April 18, 2015.On March 19, all 44 assemblymen voted in favour of the Shariah Criminal Code II Enactment 1993 (Amendment 2015) in the Kelantan assembly, paving the way for hudud to be implemented in the state. – The Malaysian Insider file pic, April 18, 2015.
The PAS-led Kelantan government has applied to strike out Gerakan's application to refer the constitutionality of the state Shariah Criminal Code, which was unanimously passed by the state legislative assembly last month, to the Federal Court.
Gerakan’s lawyer Andy Yong said the state legal adviser’s office sent a notice on Thursday informing them that their lawyers would object to the referral on grounds that the Kota Baru High Court does not have jurisdiction to hear the matter.
"They said our application is frivolous, vexatious and abuse of court process. They want our application to be struck out," he told the Malaysian Insider.
Yong, who will lead the legal team in the hearing, said they were preparing the grounds for rebuttal.
On March 25, applicants Tuan Mat Tuan Wik, Soh Hoon Lee and Chung Mon Sie, all of whom reside in the state, filed a fresh application to have the matter referred to the Federal Court.
Yong said the application, made under Section 84 of the Courts of Judicature Act 1964, was to get the apex court to decide whether hudud could be implemented under the present constitutional structure.
On March 19, all 44 assemblymen voted in favour of the Shariah Criminal Code II Enactment 1993 (Amendment 2015).
Its easy passage was expected as PAS enjoyed a two-thirds majority in the legislative assembly and the Sultan of Kelantan, Sultan Muhammad V, had also voiced his support for the implementation of hudud in the state.
The assemblymen, comprising 31 from PAS, 12 from Umno and one from PKR, took only two days to debate the bill, indicating that even Umno, the state's opposition, was willing to give the PAS government the space and opportunity to implement hudud.
Hudud provides for death by stoning for adultery with married partners, whipping of between 40 lashes and 80 lashes for consuming alcohol, and amputation of limbs for theft.
Former prime minister Tun Dr Mahathir Mohamad has warned Umno of the repercussions of supporting PAS's agenda to implement hudud, saying that the Islamic penal code was being introduced for political purposes.
In a blog post on Wednesday, the former Umno president said that he was "shocked" to learn that Kelantan Umno was supportive of PAS's hudud laws and warned that the state chapter should know what it was doing.
"I was shocked to hear that Kelantan Umno supports PAS's hudud. I hope they understand what they are doing," Dr Mahathir said.
Dr Mahathir also noted that PAS's hudud was un-Islamic because it was unfair, since only Muslims would face the harsh punishments under hudud, while non-Muslims would face lighter sentences under civil laws.
"Doing something for other interests that smears the image of Islam is something that goes against the teachings of the religion and pushes non-Muslims from Islam. It is an act of anti-'dakwah'," he wrote, referring to the term used to describe the act of informing people about Islam and inviting them to the faith.
Prime Minister Datuk Seri Najib Razak has yet to make his position clear although 12 other Barisan Nasional component party leaders had met him to express their reservations on hudud a day after the enactment was passed by the legislative assembly.
Subsequently, almost all non-Muslim leaders, especially from Sabah and Sarawak, declared that their parties would not support any amendments to federal laws to introduce the Islamic penal code in Kelantan.
DAP, an ally of PAS in Pakatan Rakyat, said Najib must be prepared to uphold the supremacy of the Federal Constitution and rule of law.
Marang MP Datuk Seri Abdul Hadi Awang had given notice of his attempt to table a private member’s bill in the Dewan Rayat at the just concluded sitting to enable Kelantan to enforce hudud laws in the state.
However, his bill did not see the light of the day as there were several bills initiated by the government that were debated and approved.
Hadi, who is PAS president, is expected to make another attempt when the Dewan Rakyat sits again for a month beginning May 18.
The bill is to amend the Shariah Courts Act (Criminal Jurisdiction) 1965, which limits the power of the Shariah courts to a maximum penalty of RM3,000 in fine, five years’ jail and six strokes of the rotan.
However, PKR and DAP have said hudud laws were not part of the Pakatan Rakyat (PR) pact's common stand and have spoken out against the bill.
DAP has taken the position to remain in PR but would sever ties with Hadi, a stand several observers described as bizarre.
PKR, meanwhile, announced it would not support PAS's hudud bill should it be tabled in the Dewan Rakyar, saying the Islamist party acted unilaterally in the matter and had gone against the PR leadership council's decision.
- TMI

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.