'Even sultans must face hudud law'

Hudud law must apply to everyone including the country's monarchs, Umno Youth exco member Fathul Bari Mat Jahya says.

 

"I am saying this in my personal capacity because I do not know Umno's stance, but by right it (hudud law) should apply to everyone regardless whether they are from upper class, lower class or the raja (Malay rulers).

 

"That is how it should be," he told a forum entitled "Hudud in Malaysia: Can we? Should we?" organised by the MCA Youth legal bureau at the party's headquarters in Kuala Lumpur this evening.

 

He was responding to a query by social activist Wong Chin Huat who asked if PAS and Umno would push for an amendment to Article 182 of the federal constitution to include hudud law for the Special Courts that deal with wrongdoing by the Malay rulers.

 

Also speaking at the forum, which was moderated by social activist Marina Mahathir, were Sepang MP Hanipa Maidin, PAS research centre director Dzulkefly Ahmad, Islamic Renaissance Front (IRF) director Ahmad Farouk Musa and family equality group Musawah director Zainah Anwar.

 

Wong had posed the same question to PAS' Hanipa, who appeared to shrug off the question.

 

Hanipa blamed the constitution which in its current form deals with offences for common citizens and the Malay rulers in separate courts.

 

'PAS coy on hudud for rulers law'

 

"You ask why hudud doesn't apply to the Agong but you should not blame PAS for such a law, the problem is in the constitution.

 

"Until and unless you are ready to amend the constitution, then we are okay, let us implement it," he said.

 

When pressed further by Wong for PAS' stance on hudud law for the Malay rulers, Hanipa (right) replied: "The problem is, even when we want to implement hudud law, you make noise, (so) imagine amending Article 182."

 

IRF's Farouk took aim at PAS for the party's eagerness in sending a delegation to Brunei after the country recently implemented hudud law.

 

He zoomed in on the country's hudud law which does not affect the sultan.

 

"The Article provided that his majesty the sultan can do no wrong (tidak pandai berbuat salah) in either his personal or any official capacity.

 

"... That means the sultan is above the law, no wonder he wants to implement hudud law. He doesn't care, its not for him, it's for his subjects.

 

"(Yet) we are so passionate to go to Brunei and say: 'Sultan, sultan, tell us about your hudud'," he said, snidely.

 

'Hudud has no bail'

 

Meanwhile, Dzulkefly stressed that the burden of proof under Hudud law is very high, resulting in no hudud conviction in Pakistan between 1979 and 2006.

Instead, he said, the convictions were under takzir, a different section of the Islamic criminal code.

 

However, Musawah's Zainah said despite the stringent requirements, many had their lives destroyed by the hudud.

 

This is because it has no provision for bail, leaving many behind bars for years before finally being freed by highest level of the Syariah court, she said.

 

"The cases went to the Federal Syariah appeal court and the cases were dismissed, but in the meantime (the accused) languished in jail for years because hudud law is not bailable.

 

"The punishments were not executed and they were finally were released after the appeal process, but lives have been destroyed," she said.

 

The forum was an initiative to promote dialogue amid collaboration between Umno and PAS which are ironing out details on the implementation of hudud law.