Kelantan’s passing of hudud amendments are void, says Proham

PETALING JAYA - The Society for the Promotion of Human Rights (Proham) has urged all political parties to uphold the Federal Constitution following the unanimous adoption of the Kelantan hudud amendments by its state legislature.

Its chairman Datuk Kuthubul Zaman Bukhari said the Constitution was the supreme law of the Federation and Article 4 provides that any law passed after Merdeka which was inconsistent with the Constitution shall to the extent of the inconsistency be void.

“The recent passing of the Syariah Criminal Code (II)(1993) 2015 is ultra vires the Constitution and thusvoid under Articles 4 and 75 of the Constitution.”

Kuthubul said public order, criminal law and creation of offences in respect of any matter included in the Federal List came within the First List of the Ninth Schedule and hence fell under the jurisdiction of Parliament.

“Therefore, the state legislature cannot pass such laws,” he said.

The Concerned Lawyers for Justice (CLJ) group, however, has condemned a statement by the Bar Council that called hudud unconstitutional, discriminatory and divisive.

“Not only are the allegations uncalled for, they are also by and large based on an erroneous, misconceived and misconstrued understanding of our basic law due to selective – not to mention outdated – reading of the Federal Constitution, as well as the principles underlying hudud itself,” it said in a statement.

In Kuala Terengganu, Mentri Besar Datuk Ahmad Razif Abd Rahman said his state government did not see a need to implement hudud at the moment.

When PAS ruled the state, the state legislature passed its own hudud laws in 2002.

“It is better for us to focus on integrity, which is one of the eight thrusts in the state’s vision. Integrity in itself is an important concept in Islam,” said Ahmad Razif after launching the Terengganu Integrity Consultative Council here yesterday.

“We (Terengganu government) fully support Kelantan in implementing hudud in their state. Umno has always supported it.

“But we want to wait and see if Kelantan can get Parliament to vote for it.

“If it is just supported by PAS and Umno, it would not be enough,” he added.

Ahmad Razif said his government promoted “Islamisation” in the state but unlike Kelantan, they were more focused on education than punishment.

“Before one punishes wrongdoers, there must be a proper explanation to the public so they can understand why we do certain things.

“We have to explain to the non-Muslims as well,” he added.