Hudud is certainly not a law for the present age and time



Karpal Singh

The statement by Kelantan Menteri Besar Datuk Ahmad Yakob [at page 11 of NST dated 3rd April, 2014] that Kelantan will table ‘a private members bill in Parliament later this year to seek a declaration that the Kelantan Syariah Criminal Court Enactment II, or hudud, can be implemented in the state’, is ill-advised. He added the tabling of the bill was to get Parliament to pass a law for the enforcement of hudud only in Kelantan. He says, ‘If everything proceeds well and Parliament approves the bill, we can implement hudud in Kelantan by early next year’.

The passing of the Kelantan Syariah Criminal Court Enactment II in the state assembly in 1993 is in the first place unconstitutional. The state assembly had no jurisdiction to pass the enactment.

Parliament cannot enforce an unconstitutional enactment passed by a state assembly.

Hudud is certainly not a law for the present age and time.

It is Parliament which has the jurisdiction to pass criminal laws. Hudud has very serious implications and consequences. Parliament will not, and cannot, pass laws of this category.

The DAP’s position on hudud has been made clear time and again and that stand cannot be subjected to any compromise. It is fundamental to the party’s existence. The passing of such a law will not be in the national interest.