For an ordinary mortal like me, maybe there must come a stage in life when we say ‘enough’. There must be a closure of some of the issues. Sadly each time an election comes, the issue of hudud will be resurrected.

To me, the federal constitution guarantees every person the right to profess and practice his religion. This means no person shall be subjected to any religion-based law other than that religion he chooses to profess and practice. MCA will preserve, protect and defend this right.

On the other hand PAS will always raise hudud because it is an Islamic party. But the reality is, it will need to first amend the federal constitution.

Briefly, under the federal constitution, Schedule 9 List II, Paragraph 1 says that states have the authority to create and punish offences by Muslims against precepts of Islam except in regard to matters included in the Federal List.

This means that any matter assigned to the federal parliament is outside the legislative competence of the states. Therefore the states are not permitted to enact hudud laws on the Federal Penal Code offences such as theft, robbery, rape, murder, incest, unnatural sex even though these crimes are against Islam.

Secondly, Schedule 9 List II, Paragraph I, also says that, Syariah Courts have no power to apply hudud to non-Muslims.

Thirdly, the jurisdiction of Syariah Courts is not inherent but must derive from federal law. The implication is that the states and Syariah Courts have jurisdiction only over such Islamic offences as are not dealt by federal law like consuming alcohol, not fasting, zina, khalwat and missing the Friday prayers.

Fourthly, there is a constitutional problem of enforcement, arrest and detention of syariah offenders. States are entitled to set up their own enforcement units. However if they seek help from the police there is a legal dilemma that needs to be resolved as the police are governed by federal law.

Fifthly, police, prison, reformatories, remand homes and places of detention are in the Federal List. It is submitted that state-run rehabilitation centres for aqidah offenders or the murtad are outside the power of the state authorities.

It is also submitted that the declaration that Malaysia as an Islamic nation is misleading, erroneous and unconstitutional. Malaysia is and must remain a secular country as provided by the federal constitution.

The criminal laws passed by parliament must be used and enforced. I see no reason why laws like hudud which provide for amputating hands for thievery and stoning to death for adultery should prevail in a multiracial, secular society.

A non-Muslim caught stealing would be jailed; a Muslim would have his hands amputated. May I ask, ‘Is this fair?’

The stand taken by the new party leadership under Ong Tee Keat has been very clear and consistent. MCA respects Islam as the official religion. MCA will stand by the federal constitution.

If there is an attempt by PAS or any other party to amend the federal constitution to incorporate hudud , MCA will challenge them vigorously.

The writer is head, Negeri Sembilan MCA Legal Bureau.