Art Harun | October 04, 2011
The Malaysian Insider
OCT 4 — I have stated in my article, “Of wet dream, nightmare and Marty McFly” that the implementation of hudud is a Constitutional impossibility until and unless two-thirds of our Members of Parliament would vote to amend the Federal Constitution to allow it to happen. I also grimly stated in that article that the time when such Constitutional amendment is moved would be the first time when our Members of Parliament would vote solely or predominantly along racial and religious lines regardless of party policy or party whip.
The Bar Council has since issued a statement which basically echoes my opinion. Lim Chee Wee, the Bar Council’s President was quoted as saying:
“Hudud cannot be implemented within the current constitutional and legislative framework.”
My friend, the learned Professor Aziz Bari was reported to have disagreed with the Bar Council’s view. The learned Professor was quoted to say:
“The key here is Islam, not criminal law.”
The learned Professor pointed out that the Federal Constitution has set out the respective jurisdiction and powers of the Federal and State legislature. As the powers to legislate on matters pertaining to Islam rests with the State, he argued that the State, including Kelantan, may pass hudud laws accordingly. He also refuted that such a move would result in double jeopardy for Muslim wrongdoers as, in his words:
“In other words, two systems is not a problem and we are not the only country in the world where this duality prevails.”
I have the highest respect and regard for the learned Professor but I beg to differ on his opinion on this matter. Continue reading “Hudud: Federal vs state legislative powers”