Former PAS vice-president Husam Musa has challenged the Islamist party to take him to syariah court for breaking his oath in leaving the party.

Husam said he encouraged the party to take up the motion by PAS Tanah Merah to take legal action against those who had left the party.

"I challenged PAS Kelantan to do it even before the motion, during my speech in Ketereh.

"I am confident PAS won't dare to do it.

"Even if they do, based on my study, the courts will not favour PAS," Husam said.

The issue of PAS' oath of loyalty (bai'ah) surfaced again ahead of the coming muktamar, after PAS Tanah Merah passed a motion for the party to take legal action against former party leaders who had quit but who have not observed the penalty, according to party organ Harakahdaily.

For PAS Kelantan, the oath requires the individual to divorce his or her spouse on the event of resignation.

PAS Tanah Merah in passing the motion felt they had a case in court.

Husam said four former PAS leaders in particular are involved, including Tumpat MP Kamarudin Jaafar, Kuala Krai MP Hatta Ramli dan Perkasa chief Ibrahim Ali.

Husam, Kamarudin and Hatta are now Amanah members.

'Nik Aziz never made fuss'

Husam pointed out former PAS spiritual leader and Kelantan menteri besar Nik Aziz Nik Mat had never raised the oath with Ibrahim, who had won the Pasir Mas seat under PAS' ticket in 2008 but had later turned Independent.

"At that time (Nik Aziz) was still active, but he did not make any issue... why?"

"In my view, from early on the bai'ah on Ibrahim would not stick, because he never asked to be a party member.

"How can one who never joined the party be considered to have left?" he quipped.

This would rule out Ibrahim, and Hatta would not qualify since the latter had been married outside of Kelantan.

Hence, said Husam, PAS was left with he and Kamarudin, and he therefore offered himself as a test case for PAS to pursue their legal case.

"I offer myself to be the test case for the validity of PAS' bai'ah.

"Let the syariah court study and decide on this case, and consider whether leaders who are unqualified can make it a fatwa.

"What more, at one time (that leader) even mixed up ta'lik and talak," Husam quipped.