A senior member of the Terengganu goverment today said it was wrong for the police to issue a directive not to help in the implementation of the state's newly tabled Islamic criminal code, also known as hudud , while DAP welcomed the move.

"The police are of course under the purview of the federal government and they therefore have the discretion, but to have them issuing the directive is just not right," said Pengkalan Berangan PAS state assemblyperson Mustafa Ali.

Mustafa, who is also parliamentarian for Dungun and party vice-president, cautioned the police not to be overzealous on the issue.

"The religious department which overlooks matters on hudud is under the rulers, so they [the police] have to tread carefully on this matter," he told malaysiakini .

Mustafa added the police should also make a clear demarcation between hudud and ta'azir (man-made laws).

"The police however have always cooperated with the enforcement of the law," he said, adding that the party would wait until after the by-elections in Kedah before initiating a dialogue with the police.

No police help

According to The Star today, Inspector-General of Police Norian Mai said the force, which falls under the Home Ministry, would not be assisting religious authorities in enforcing the Islamic criminal code.

The police force was governed by federal laws and could not be part of state-approved criminal legislation, Norian said.

"This is the position of the Royal Malaysian Police force," he added.

In another news report, Malay-language daily Berita Harian quoted Terengganu state police chief Othman Talib as saying the Syariah Criminal Enactment 2001, which was tabled last August, did not stipulate any police assistance.

Given this, he said the police force might not participate in the enforcement of the controversial hudud law.

Othman said he was also ordered not to give assistance to the state authorities in enforcing the hudud law, which was approved by the state assembly on Sunday.

In a related development, DAP national deputy chairperson Karpal Singh said the police directive was a move in the right direction.

"However the passing of the Syariah Criminal offences ... does not make it law. The bill can only become law on being assented by the Sultan of Terengganu.

"The directive by Norian is therefore premature although it should serve as a forewarning to Mentri Besar Abdul Hadi Awang," he said in a press statement.

Karpal then called on Hadi to hand the bill over to the sultan where the ruler could invoke his powers under the federal constitution to refer the matter to the Federal Court to rule on the constitutionality of the bill.

"Abdul Hadi Awang's announcement that hudud laws will eventually be extended to non-Muslims has created disquiet, fear and anxiety among non-Muslims, apart from foreign investors in the country, and the King should allay these fears by seeking an authoritative ruling on the subject from the Federal Court," he said.

Vigorously opposed

In recent weeks, the hudud and qisas laws proposed by the Terengganu PAS government had been vigorously opposed, particularly by the federal government, political parties, non-governmental organisations and women's groups.

The bill seeks to criminalise theft, robbery, extramarital sex, liquour consumption, apostasy and armed rebellion.

Provisions relating to rape were criticised as being discriminatory towards women. The law would require the victim to present four Muslim male witnesses to the act to enable the court to consider a conviction.

However, two controversial provisions which called for lashing or death by stoning if a rape victim is found to have made a slanderous accusation, were deleted from the bill.

The Syariah bill still needs to be delivered to the state ruler for endorsement before it becomes law.

However, the federal government could still block the law under its constitutional powers.

PAS tried in 1993 to impose Syariah criminal laws in neighbouring Kelantan, which it also controls, but the move was vetoed by the federal government.