PAS leaders today brushed aside Deputy Prime Minister Abdullah Ahmad Abdullah's opposition to the Terengganu government's intention to gazette and enforce controversial Islamic criminal laws next month.

Party legal committee secretary Mohd Hanipa Maidin said Abdullah was "jumping the gun" because the Federal Court has yet to decide on the constitutionality of these laws.

Abdullah ( left) was reported yesterday as saying the federal government would not ignore steps taken by certain quarters to implement laws that are outside the framework of the constitution.

Although he did not name them, his comments were understood to be an attack on PAS' moves to implement Syariah criminal laws ( hudud and qisas ) on the basis that these are unconstitutional and dangerous.

Hanipa, a lawyer and PAS Youth wing information chief, said that until the Federal Court - the country's highest - declares the move to be unconstitutional, Abdullah's statements would not carry much weight and need not be taken seriously.

"There should be a declaration by the Federal Court as to the constitutionality, or otherwise, of the move to implement Syariah criminal laws in Terengganu. Unless and until that declaration is made, such statements by Abdullah are premature," said Hanipah.

He was referring to Clause 4 of Article 4 of the Federal Constitution which stipulates that 'proceedings for a declaration that a law is invalid ... shall not be commenced without the leave of a judge of the Federal Court'.

Terengganu's hudud enactment, passed by the PAS-controlled state assembly last year, criminalises theft, robbery, extramarital sex, liquor consumption, apostasy and armed rebellion among Muslims.

Federal law currently restricts syariah courts from imposing sentences exceeding three years' jail, RM5,000 fine or six strokes of the rotan (cane).

In 1993, PAS had tried to impose Syariah criminal laws in neighbouring Kelantan, the first state to fall under the control of the Muslim-based party, but it did not attempt to enforce the law.

'State prerogative'

Hanipa also stressed that there ought to be no differentiation between the gazetting of the laws and their actual enforcement.

"As a lawyer, I see no division between the two stages (of gazetting and enforcing). Once the laws are passed, our responsibility is to see that these are implemented. It makes no sense to codify a law if it is not meant to be applied," he said.

He conceded though that, once the laws are enforced by the Terengganu syariah court, parties affected might challenge these as being unconstitutional.

Hanipa's comments were echoed by Kubang Kerian (Kelantan) PAS member of Parliament Husam Musa, who said Terengganu's move to gazette the Syariah criminal laws was the state government's prerogative.

"We are fulfilling our promise to the people that we will introduce Islamic laws, and it is within our powers to gazette such laws," he told malaysiakini.

However, Husam declined to comment on whether the Syariah criminal laws would survive the enforcement stage.

"As long as the bill is passed by the state legislature and obtains the assent of the state ruler, we have fulfilled our responsibility. Whether such laws are applied and enforced is a different matter."

PAS leaders have made repeated assertions that Islam as a 'religion' should be redefined more comprehensively as 'a way of life' in the Federal Constitution, as opposed to the narrower definition currently used by the government.

Under the constitution, Islamic laws 'shall not have jurisdiction in respect of offences except in so far as conferred by federal law', and relate only to such personal and family laws as marriage, divorce, adoption, inheritance.

Party president Abdul Hadi Awang was quoted by The Star on Sept 25 to have said Islam should be redefined as 'a way of life' as stated in the Quran and not "in the manner defined by western legal experts" of the Reid Commission (which drew up the federal constitution)."