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Constitution does not allow for hudud, says Bar Council |
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Saturday, 01 October 2011 |
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PETALING JAYA: Both the Federal Constitution and the current
legislative framework do not allow for hudud to be implemented by any state,
said the Bar Council.
Expressing its concern over the recent “political posturing” in reviving the
possibility of implementing hudud, its president Lim Chee Wee called on all
parties to instead uphold the Federal Constitution as the supreme law of the
land.
“Hudud cannot be implemented within the current constitutional and legislative
framework,” he said.
“The Malaysian Bar calls upon all parties to uphold the Federal Cons-titution as
the supreme law of the land and cease all rhetoric on the implementation of
hudud, which has inevitably caused confusion and division.
“They should focus instead on strengthening the rule of law and democratic
process,” he said, adding that a Supreme Court ruling in 1988 had confirmed
Malaysia as a secular state.
The Federal Constitution, he said in a statement, only allowed the states to
enact laws creating offences by persons professing Islam, against the precepts
of Islam, and the respective punishments for such offences.
Senior lawyer Roger Tan said the power to legislate punishment for criminal
offences was with Parliament.
“To me, this is a very important issue as it is against the intention of our
forefathers. If any non-Muslim does not respond strongly against PAS proposal,
it is an act of acquiescence to the insidious attempt by the party to convert a
secular state into a theocratic state,” he added.
Wangsa Maju MP Wee Choo Keong called for politicking to stop as DAP and PKR had
entered with open eyes into a relationship with PAS.
“PAS has made it very clear from the start that it planned to make Malaysia an
Islamic state should it come to power.
“It has never said that it will forgo this. Do not play political games,” said
the Independent MP.
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