Hudud: New Federal Constitution needed


Sabah, Sarawak are equal partners, Kelantan state-level hudud law requires a new Federal Constitution or Malaysia will disintergrate

Chan Foong Hin, Free Malaysia Today

State-level hudud law is a constitutional and not a technical matter. It is a federation and not a Kelantan-only matter.

If hudud is to apply to all Muslims, including the Rulers, then Article 182 of the Federal Constitution on “Special Court”, which operates under Common law only, will need to be amended.

UMNO and PAS will be disrespectful to the Palaces if any attempt to amend the Article is not presented to the Conference of Rulers for discussion even though the amendment does not constitutionally require the Rulers’ consent.

Will the Rulers agree to subject themselves to Hudud law when in Kelantan? As key stakeholders in the Federation of Malaysia, their voices should be heard.

The Ninth Schedule

As was promised to Sabah and Sarawak in the negotiation, a new Federal Constitution must be formulated and not just piecemeal amendments made to the 1963 Federal Constitution.

Hudud is not a personal religious practice involving Muslims only, it is a political system involving all Malaysians.

The Ninth Schedule of the Federal Constitution categorically places “Civil and criminal law and procedure and the administration of justice” under List I (Federal List).

Using Article 76A “Power of Parliament to extend legislature powers of States” to transfer federal powers on criminal justice to a State is tantamount to tearing apart the Federal Constitution through backdoor tactics.

The current Federal Constitution is the political contract that Malaya, Sabah, Sarawak and then Singapore signed up to in 1963. The Ninth Schedule is central in this political contract and therefore to Malaysia.

To tear apart the Ninth Schedule is to tear apart the Federal Constitution and the Federation of Malaysia.

All parties wishing to unilaterally trigger a constitutional crisis should be warned: they must bear the full political responsibility for the disintegration of Malaysia.