In a seeming response to the Kelantan state government’s move to enforce Islamic hudud criminal law, the Federal Government has reminded all state governments that their Islamic legal systems will need to be in accordance to the Federal Constitution – still the ultimate set of laws in Malaysia.
Minister in the Prime Minister’s Department in charge of Islamic Affairs Jamil Khir Baharom said it was incumbent on state governments to make sure their Islamic laws – “hudud” or not – exist within the legal framework provided by the Constitution, if they want those laws to have any practical legal weight.
“Hence, the implementation of Islamic laws must be done in a structured manner and within the ambit of the Federal Constitution, especially in limiting the use of Islamic laws to only Muslims to preserve the nation’s stability and harmony,” he said in a written parliamentary reply, as quoted by The Malay Mail‘s Joseph Sipalan.
On March 19, the PAS-controlled Kelantan state legislative assembly voted into law the Shariah Criminal Code (II) (1993) 2015 Enactment, which allows for “hudud” punishments for Muslims committing crimes such as theft, robbery, adultery and apostasy.
The law was passed with a unanimous 31 votes from the state’s PAS assemblymen, and a futher 12 votes from all of Kelantan’s UMNO assemblymen.
However, for the new laws to be enforceable, PAS will have to amend the Federal Constitution – a difficult move, as both PAS’s partners in the Pakatan Rakyat coalition, PKR and (especially) DAP are against hudud law implementation, in any state.
It remains to be seen if PAS will receive support from UMNO – the only other Malay-Muslim party in Parliament, and the holder of the majority of Parliamentary seats – as it did in the Kelantan legislature.
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