I agree with several PAS MPs that PAS Muktamar decision to cut ties with DAP is final as the PAS Muktamar is the highest decision-making body in PAS and there is no complaint that the resolution to cut ties with DAP violates any Islamic law or Hukum.
I have read the PAS Constitution, and in particular Article 7 which states that PAS Muktamar is the highest decision-making body in the party, unless the PAS Muktamar resolution violates the “hukum yang tertinggi sekali dalam peganan PAS ialah KITABULLAH dan SUNNAH RASUL serta IJMAK, ULAMAK dan QIAS yang terang dan nyata”.
Is there any complaint to the Dewan Syura that the PAS Muktamar motion to cut ties with DAP without debate violates “hukum”?
If there is a complaint that the PAS Muktamar motion to cut off ties with DAP violates “hokum”, who will be the defendants – the PAS President and the entire PAS Ulama leadership?
This is unthinkable.
In fact, the Muktamar motion to cut ties with DAP is meant to be of instant effect, as there is no qualifying clause subjecting it to the review either by the Majlis Syura or the central committee.
For reasons best known to the new PAS leadership, having killed Pakatan Rakyat at the 61st PAS Muktamar, the new PAS leaders have chosen to claim that the Muktamar motion to cut ties with DAP has still to be approved by its Majlis Syura and central committee, which nullifies the clear provision in the PAS Constitution that the PAS Muktamar is the highest decision-making body in the party.
This is no reason however why Malaysians should not give an ordinary and reasonable interpretation to the PAS Constitution stipulating that PAS Muktamar is the highest decision-making body of the party and the clear-cut intention of the PAS Muktamar motion for PAS to cut ties with DAP – noting that there was no conditions qualifying the Muktamar motion such as review by the Syura Council and the central committee, or that the implementation of the resolution should be kept on hold until there is such a review by Majlis Syura and Central Committee.
I am not aware that the PAS Central Committee can overrule the Muktamar, which will be a contradiction in terms as it violates the PAS Constitution stipulating that the Muktamar is the highest decision-making body of PAS.
Be that as it may, as a result of the PAS Muktamar motion, Pakatan Rakyat has ceased to exist and we have to face the consequences arising from such a PAS Muktamar motion.