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MCA and MIC object to hudud bill, warn of unconstitutionality
Published:  May 26, 2016 4:38 PM
Updated: May 27, 2016 12:38 AM

MCA and MIC have objected to PAS president Abdul Hadi Awang’s re-tabling of a Private Member’s Bill on hudud.

MCA secretary-general Ong Ka Chuan said the bill contravened the federal constitution, noting that in essence Act 355 is a demarcation between syariah and civil law.

“Our forefathers had great wisdom by enshrining such a rule within the federal constitution with the intent and purpose that the Muslim and non-Muslim communities can live in peace.

“If the amendment to this Act is allowed, it will open a Pandora's box, resulting in the creation of precedents that will lead to the encroachment on the realms of the current legal system, of which the federal constitution is paramount,” he added in a media statement.

Ong said such a disruption to the core principles of the Federal Constitution should not be allowed as those principles have brought peace and stability since the independence and formation of Malaysia.

“The core question that we must ask ourselves is: why should we want to disrupt the peace and stability which our forefathers have strived so hard to achieve for our beloved nation,” he added.

Echoing this was MIC president S Subramaniam who said changes proposed by the bill was inconsistent with the federal constitution which ensures equal treatment and is against the duality of sentencing.

"The MIC vehemently opposes the passing of this bill as it is of the view that the proposed bill will result in a parallel criminal justice system where Muslims and non-Muslims are subjected to unequal treatment before the law.

"The cornerstone of our federal constitution was never constructed for a dual criminal justice system. 

"Further, there should not be any room for replication of the offences within any federal law with a separate degree of punishment only for Muslims," he said.

Subramaniam urged PAS to consider the interest of all Malaysians, both Muslims and non-Muslims alike and to act in accordance with the federal constitution by withdrawing the bill.

The government had prioritised the Private Member's Bill to amend Act 355 and it was slated to be debated in the Dewan Rakyat earlier this afternoon.

However, Hadi requested that it be postponed to the next session and Speaker Pandikar Amin Mulia agreed.

The proposal to bring forward Hadi's motion was brought by Minister in the Prime Minister's Department Azalina Othman Said and seconded by Deputy Work Minister Rosnah Abdul Rashid Shirlin.

Pandikar had earlier allowed the proposal to lift the motion, listed as '15' or the last item in the Parliament's Order Paper despite objection from DAP lawmakers.

If the Hudud Bill is passed, it can pave the way for its implementation in Kelantan.

The Kelantan state legislative assembly had passed the bill to implement hudud last year with all 44 representatives voting in favour.

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