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The federal government's stand that Kelantan's hudud law should comply with the federal constitution does not mean it doesn't support the Islamic penal code, says a PAS lawmaker.

"This is because hudud is in line with the constitution," said Takiyuddin Hassan (PAS-Kota Baru).

The Kelantan state government had made sure all the laws passed in the state assembly, including the Kelantan Syariah Criminal Code II (1993) which was passed 22 years ago, were in line with the constitution, he said.

"The court has yet to declare hudud as unconstitutional," he said when met at the Parliament lobby.

When asked what was the indication from Umno on a private member's bill tabled by PAS at the last Parliament session, Takiyuddin ( photo ) said: "Looks like they will support."

He said Parliament and Dewan Rakyat Speaker Pandikar Amin Mulia have promised to consider the bill introduced by Abdul Hadi Awang (PAS-Marang).

For PAS, that is "positive indication" that the PAS president's motion will be included in the order paper of the Parliament sitting during the last two weeks of the current session, he said.

Federal-level hurdle

Hadi has tabled a motion to enhance the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355) - a federal law - which paves the way for hudud implementation in Kelantan.

However, if the bill is passed by Parliament it will allow hudud law to be implemented nationwide as well if the respective states wish to do so. This because the federal law, which PAS is now seeking to amend, has been changed.

Hadi's ( photo ) bid to have the Parliament to debate the bill failed at the last Parliament session.

Takiyuddin, however, claimed the motion submitted  by the president had nothing to do with hudud.

"There's nothing strange about the motion as this is only a motion to enhance the jurisdiction of the Syariah court," said the PAS assistant secretary-general.

PAS is only hoping to extend the current a maximum sentence of a three-year jail sentence to one of life imprisonment through the motion brought by Hadi, he said.

(Hudud law cannot currently be implemented as federal law does not allow it to impose a life imprisonment sentence. However, if this is amended, hudud law implementation has a clear path provided state laws are streamlined too.

PAS amended state laws in the Kelantan state assembly two months ago to pave the way  for hudud law implementation. They now need to amend the federal law to see it through.

This had led to Hadi's Private Member's Bill which in turn created a rift within Pakatan Rakyat pitting DAP against PAS.

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