Malaysiakini Letter

PAS alone cannot implement hudud

Ern Nian  |  Published:  |  Modified:

Let's not get cheated by the slogan that a vote for DAP is a vote for PAS and for hudud.

Can hudud be imposed immediately when Pakatan comes into power?

As a country with a written constitution, Malaysia embraces the concept of constitutional supremacy.

As per the name itself, the concept simply means that our federal constitution is the supreme law of the land, in which any Acts of Parliament that go against the constitution shall be deemed void, illegal, null and unconstitutional.

Hudud, in layman's perspective, simply means a set of punishments fixed for certain crimes such as adultery, theft and etc as these are deemed to be crimes against Allah.

It must be highlighted that such punishments are different from that of current criminal punishments.

Notably, should a Muslim be found guilty of theft; he would have his hand amputated.

However, a non-Muslim who is found guilty of the same crime would only be imprisoned under the current Penal Code.

As such, to implement hudud law in Malaysia would result in a dual criminal justice system which goes against the fundamental rights guaranteed in the constitution - equality before the law (Article 8).

In addition, under the hudud law, particularly in the situation of rape, if a woman claims that she is raped by X, there are only two ways in which the court, under the hudud, can convict X:

1. X confesses to the crime; or

2. The woman is able to produce four witnesses to justify X raped her.

Emphasis is placed on the phrase "four witnesses". One might shout that this is ridiculous.

Let's think with our logical mind, how would it be possible for a woman to produce four witnesses when there are often no witnesses at all?

If PAS were to implement hudud law when they come into power, the first thing they must do is to amend the federal constitution and to do so, they would need a two-thirds majority.

In other words, they would need two-thirds of the current 222 seats.

That's 148 seats to amend the constitution. Note that PAS is only contesting 70 out of 222 seats in this general election.

Should PAS is able to win all, they would still need another 78 seats to amend the constitution.

Now let's face the reality:

1. Do you really think that PAS is able to win ALL its contested seats?

2. DAP, PKR and even BN have made it clear that they would not subscribe to the idea of implementing hudud law.

Therefore, can PAS alone amend the constitution and implement hudud?

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