Kelantan's special sitting on hudud "irresponsible"

The PAS-led Kelantan government's decision to hold a special state assembly sitting on Dec 29 to table an amendment to the Syariah Criminal Code Enactment II 1993 (Amended 2014), is an extremely irresponsible act of political grandstanding.

Lawyers for Liberty executive director Eric Paulsen opined that the move as a blind faith that failed to take into account the context and best interest of Malaysia and its people as well as the serious repercussion such an act could entail.

"Harsh punishments like stoning to death (with stones of medium size), crucifixion and amputation of limbs are out of place in this day and age, or in any modern and democratic society as they constitute torture, cruel and unusual punishment and would violate the right to life and the prohibition against torture.

"Let us be clear; our Federal Constitution is secular in nature and does not allow for hudud to be implemented. Any attempt to introduce hudud will be unconstitutional as hudud derives its ultimate authority from the Qur'an and therefore only possible under a theocracy.

"The Constitution on the other hand is founded upon parliamentary democracy, fundamental liberties, equality and the rule of law – all concepts antithetic to hudud and its implementation.

"In order for hudud to be implemented, the Constitution and its legislature, executive and judiciary, all other structures and institutions that make up Malaysia would need to be destroyed and reconstituted as being based on Islam and the Qur'an," Paulsen said in a statement today.

However, he said it is not possible unless there is an Islamic revolution like in Iran, Afghanistan or as presently occurring in some parts of Iraq and Syria controlled by ISIL.

"Hudud does not have any divine or magical property to cure all the wrongs in society; see for example the implementation of hudud in Afghanistan, Pakistan, Somalia, Sudan, northern Nigeria and by ISIL that has caused so much injustice, cruelty and suffering.

"Various Islamic scholars have also questioned whether implementing hudud in modern times is not only unrealistic but is most likely to produce the opposite result of Islamic justice and fair play," he said.

As such, Paulsen said PAS needs to reassess its position on hudud as according to various Islamic scholars, there are realities that must be taken into account before hudud can be considered in modern times.

On Sunday, Kelantan Mentri Besar Datuk Ahmad Yakob announced that the amendment would be debated by assemblymen from both sides of the political divide and when passed, introduced in two Private Members' Bills at the next parliament sitting.

He had also said the Private Members’ Bills would be forwarded by a PAS MP in the Dewan Rakyat under Article 76 of the Federal Constitution for PAS' hudud to be implemented and enforced in Kelantan.