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Storm of controversy continues to rage over Hudud Bill

The Bar Council and DAP mounted an immediate attack against the Terengganu Syariah Criminal Offences enactment, which was passed yesterday by the PAS-led state assembly.

In a press statement today, Bar Council chairperson Mah Weng Kwai said the decision demonstrated utter disregard of, and defiance towards, public opinion, the rule of law and the constitutional framework of the nation.

Furthermore, the Council argued, the new law would violate the constitutional right of equality before the law in its discrimination between Muslims and non-Muslims, and encourage discrimination against women.

The hudud and qisas law will criminalise theft, robbery, extramarital sex, liquor consumption, apostasy and armed rebellion.

It has been at the heart of controversy ever since the Terengganu government decided to table the Bill. The law will come into effect after receiving the assent of the Sultan.

The Bar Council also said there would be confusion if offenders were allowed to opt for the jurisdiction of Syariah courts rather than civil courts.

"Offenders will be able to choose what is perceived to be the less stringent law or procedure under which they are to be tried," Mah said.

"If the rationale of the new law is to curtail criminal offences, such a freedom given to offenders — as suggested by state executive councillor Wan Abdul Mutalib Embong — will not serve the ends of justice and (will) make a mockery of the entire criminal justice system."

Law 'foisted upon non-Muslims'

Mah also addressed the suggestion by Terengganu Mentri Besar and acting PAS president Abdul Hadi Awang that the law will apply to non-Muslims after they have been "fully-informed".

He said this opens up the possibility that, despite understanding the law, it may still be "foisted upon non-Muslims" whether they object to its implementation or not.

"(This) further serves to threaten the stability, peace and harmony enjoyed by Malaysians of other religions," he added.

The DAP, too, decried the passage of the bill and the suggestion that it could potentially come to cover non-Muslims.

National publicity bureau secretary Gobind Singh Deo said in a statement that the DAP roundly condemned Hadi Awang's statement. Gobind Singh said it "reflects the kind of arrogance and attitude which must be condemned to the max".

Disrespectful of multi-cultural identity

DAP argued that if non-Muslims had to abide by the new laws, this would be disrespectful of the country's multi-cultural identity, and "shows no regard for any concept of a Malaysian Malaysia".

While calling upon PAS coalition allies Parti Rakyat Malaysia and Keadilan to pull out of the Barisan Alternatif, DAP also said "PAS is certainly giving Malaysians every reason to reject the opposition front in the next general elections".

It also criticised the decision of the three Umno state assembly members who, rather than vote against the law, had abstained from voting.

The Bill was passed after receiving 28 out of 32 votes. PAS has 28 seats in the state assembly. The four opposition seats are held by Umno representatives, three of whom abstained from voting. The fourth was not in the room during the vote count.

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