A majority of the Kelantanese people are in favour of hudud, as shown by a survey conducted by the state, a state committee claims.

 

A member of the joint hudud technical committee, Azhar Abdullah, said today the poll shows less than 10 percent of the state's residents opposed the syariah criminal code.

 

“We did an SMS survey among the Kelantanese, which was sent to about 77,000 respondents...

 

“We asked them if the Kelantan government should proceed (with hudud).

 

“We sent the SMS in all 29 state constituencies and 91.7 percent were in favour of hudud,” Azhar ( right ) told a hudud forum organised by the Universiti Malaya Muslim Student's Association last night.

 

Other speakers at the forum included former Bar Council president Ambiga Sreenevasan, Umno Youth leader Fathul Bari Mat Jahya, UM syariah law head of department Siti Zubaidah Ismail, and the university's business and accountancy faculty dean, professor Nazari Ismail.

 

Azhar said the passing of Kelantan's Syariah Criminal Code (II) 2015 Enactment was a pro-active step, and has opened up a new chapter in the history of Malaysian law.

 

“Since Merdeka, we have not had hudud. So we have opened a new chapter in the field of law for us to discuss a matter that has never been highlighted,” he said.

 

He added that Kelantan would implement hudud through the process of parliamentary democracy.

 

Ambiga: Cart before horse

 

However, Ambiga said Kelantan should have brought the issue of hudud to Parliament first before passing its enactment in the state.

 

“If you want to implement hudud, go through the right process. Bring it to Parliament first to amend the Federal Constitution before passing it in the state,” Ambiga said.

 

The PAS-dominated Kelantan assembly passed a second version of its Islamic enactment related to hudud on March 19, after a similar enactment was passed in 1993.

 

Following this, PAS president Abdul Hadi Awang is to submit a Private Member's Bill to Parliament to amend the Syariah Courts (Criminal) Jurisdiction Act 1965 to enable Kelantan to enforce hudud in the state.

 

Ambiga said she was fearful of hudud, which imposes stoning to death and amputation of those convicted under syariah law.

This was also because, she insisted hudud would also affect non-Muslims, despite the Kelantan government declaring otherwise.

 

“I am afraid of hudud... I don't agree that it will not affect non-Muslims. If I am a victim in Kelantan, if I was beaten or killed, what will happen?

 

“I could bring the case to the Syariah Court, but my testimony would be less than a Muslim's. Is that fair to me as a victim?” Ambiga asked.

 

In terms of law, critics of hudud primarily object to it overlapping with the jurisdiction of the civil court on criminal law as outlined in the Federal Constitution.

 

Such an overlap, they say, creates a parallel system of justice that will cause legal and jurisdiction conflicts.