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Tuesday 30 April 2013

‘Simple majority enough to implement hudud’

A Gerakan lawyer says that there is a good chance that hudud may be implemented if Pakatan comes into power.

GEORGE TOWN: Hudud can be legislated as a parliamentary statute with a simple majority in the Dewan Rakyat, according to Gerakan lawyer Baljit Singh.

He said the Islamic criminal law can also be absorbed into the existing Penal Code and Criminal Procedure Code (CPC) by amendments passed through simple parliamentary majority.

Hence, he said it was a reality that hudud would come to effect if Pakatan Rakyat took over Putrajaya.

Given the elevation of Syariah to be on par with civil law via the 1983 constitutional amendment, he said hudud can be easily implemented by amendment or enactment of statutes.

“You need two-thirds majority only to amend the Federal Constitution.

“But to amend the Penal Code and CPC, or enact a new hudud statute, you only need a simple majority.

“PAS leaders are telling the truth that they can do it. A vote for Pakatan is definitely a vote for hudud.

“It’s no more a dream,” Baljit, who heads the state Gerakan legal and human rights bureau, told FMT here today.

He said DAP had misled the people by claiming that hudud can only be implemented by amending the Federal Constitution with a two-thirds majority.

DAP’s bluff

He called on the voters not to be deceived by DAP’s bluff that it would not allow PAS to implement hudud.

“What can the DAP MPs do if PAS wanted to enact a parliamentary act to implement hudud?

“Muslim MPs from both sides of the political divide cannot object it because religiously they are duty-bound to support it.

“DAP MPs would be hopeless and hapless to prevent it,” said Baljit.

He also warned non-Muslims not to live in illusion that hudud would only affect the Muslims.

He cautioned non-Muslims that they would also eventually be affected by the law because “we are all citizens living side by side under the same Malaysian roof.”

Over the last five years, he pointed out that the DAP-led state government did not tighten the legal screws to safeguard the rights and interests of non-Muslims nor liberalise Islamic laws in Penang.

Given that religious matter was under the state jurisdiction, he said caretaker Chief Minister Lim Guan Eng could have easily enacted a law to allow Muslims to leave Islam or even stop forced conversion of non-Muslims.

He recalled that Lim was active in enacting anti-hopping and local council election enactments even though such laws contradicted the Federal Constitution.

“But he did not amend the religious law which came under the state purview because he dare not irk Pakatan Rakyat partner PAS,” said Baljit.

He is also amazed on why PKR supremo Anwar Ibrahim had been so quiet about hudud even though PAS leaders have declared they would implement it if Pakatan comes to federal power.

“As a prime minister-designate, Anwar should clarify his stand publicly.”

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