Karpal challenges hududs legality, wants PAS to stop tabling it

comments     Susan Loone     Published     Updated

DAP deputy chairperson Karpal Singh today challenged the legality of the controversial Hudud laws which the PAS-led Terengganu government wants to implement in the state.

Karpal said the state should not ransom the federal government by insisting on tabling and passing the proposed enactment at the sitting of the state assembly in July before submitting the Bill to the attorney general.

He said the Federal Court can declare the matter unconstitutional as the state assembly does not have the power to enact such a law.

"Although the state assembly is sovereign and can act as it pleases, the laws passed by it must not be ultra vires (acting beyond its power) the state or federal government," said Karpal in a press statement.

"[But] every effort should be made not to waste the time of the legislature and subsequently the Federal Court by ensuring all proposed laws passed by the assembly are within the competence of the legislature," he added.

Political parties from both sides of the divide and non-governmental organisations have come out publicly to criticise the proposed Syariah criminal law.

Yesterday, Keadilan Wanita submitted a memorandum to Terengganu Menteri Besar Abdul Hadi Awang calling for a review of several clauses in the enactment which are discriminatory to women.

PAS and Keadilan also organised a seminar in Terengganu last month to gather feedback on the issue.

Women and Family Development Minister Sharizat Abdul Jalil has joined in the fray, calling on all women to unite and reject the law.

Tabling of Bill delayed

As a result of widespread opposition, the state government decided to delay the tabling of the bill until later in the year.

The proposed amendments include provisions which shift the burden of proof from the perpetrator to the rape victim, thus discriminating women.

According to the proposed provisions, a woman can be charged for slanderous accusations if she could not provide witnesses to prove the rape.

The law is also criticised for only allowing Muslim men who are aqil baligh (come of age) and adil (fair) as witnesses.

Meanwhile, Karpal said Abdul Hadi, who is also PAS president, should show "political maturity" by allowing Attorney General Abdul Gani Patail to study the Bill first which he says has "far reaching consequences and implications".

"For the sake of public interest, PAS should not ride roughshod over the criticisms and cease its plan to table the Bill in the state assembly," he said.



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