By Asmahanim Amir
Pix Ikhwan Hashim

Bangi, 8 April 2015 – Malaysia is not willing  to implement Hudud because there are still have some unresolved matters arising though the approval by the Kelantan Legislative Assembly of the Syariah Criminal Code II Bill 1993 (Amendment 2015), or Hudud on March 19.

Former Chief Justice of Malaysia cum Adjunct Professor of The National University of Malaysia (UKM), Tun Abdul Hamid Mohamad said the Kelantan Hudud Enactment was invalid because it violated the provisions of the Federal Constitution.

“Therefore, to resolve it, they decided to seek Parliament’s approval for the State Legislative Assembly to legislate on such (federal) offences and impose Hudud punishment for them. They rely on Article 76A (1) of the Federal Constitution,” he said when speaking at UKM’s Persada Forum titled ‘Implementation of Hudud: Opportunities and Challenges’, here today.

Tun Hamid said if Hudud is to be executed, it must be applicable to all – Muslims and non-Muslims alike because it would become federal criminal law and not a law made by a state.

“Otherwise it is unconstitutional as it contravenes Article 8 (of the Federal Constitution) and the court having jurisdiction over such cases are the civil courts because it is criminal law and not a law made under the State’s List,” he explained.

He pointed out that people are still confused between the law and the implementation of Hudud.

“We should be able to differentiate the discussion regarding the law and discussion regarding the implementation. What we are discussing now is the implementation. We are not questioning the law,” he added.

Meanwhile, Chairman of Islamic NGO Yayasan Nassar, Nasharudin Mat Isa said the main challenges to implement Hudud is promotion.

“How we promote Hudud law is wrong. Why do we promote Hudud even though this is Syariah Criminal Law 1993 and Hudud is a small component in that laws,” he asked rhetorically.

He said no other country uses the term ‘Hudud’ even if the most extreme stand is taken to implement Hudud.

“How do we explain to people about Hudud? Are we in a conducive situation to implement Hudud even though the crime rate is still rising,” he added.

A lecturer at UKM’s Faculty of Islamic Studies, Dr Mohd Idzhar Ariff Mohd Kashim said Malaysia needs a conducive environment for implementing Hudud.

“Now the environment is not conducive for us to implement Hudud because people are getting poorer and petty thefts are on the rise,” said Dr Idzhar.

He explained that the government must upgrade the Syariah Court so that Hudud can implemented.

The forum was moderated by RTM presenter Sayed Munawar Sayed Mohd Mustar.