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Friday, 23 November 2012

MUSTAFA: CONSTITUTIONAL AMENDMENT PREREQUISITE FOR HUDUD LAW IMPLEMENTATION




However, he admitted that despite its positive aspects, the hudud law could not be implemented at once even if Pakatan were to take the helm of the federal administration, as there were still details that needed to be sorted out, such as when to amend the federal Constitution and consulting the views of the public.He stressed that the hudud law would not be implemented if majority of Malaysians disagreed with it.


PAS secretary-general Datuk Mustafa Ali said non-Muslims could not simply oppose to the implementation of hudud law, but must go through the democratic process, seeking constitutional amendment in the Parliament, and whether the same could be passed in the Parliament is another matter.
He also pointed out that PAS had the intention of implementing the hudud law in PAS-ruled Kedah, but since it was short of a majority in the state assembly, the motion would be put on hold for the time being. As a result, he said Muslims had to abide by the teachings of Islam and must not deny its existence.
When asked whether Umno's Muslim MPs would support the motion to amend the Constitution to facilitate the implementation of the hudud law if PAS were to table it in the Parliament, Mustafa said, "Even if we do this in the Parliament, Umno will never agree to implement the hudud law, but since they are Muslims, they could not oppose to it. They could only disagree (tidak boleh menentang, tetapi tidak setuju).
Mustafa also said the DAP was completely against the hudud law.
He believed the support of Chinese voters for PAS could not be interpreted as their support for the hudud law. As such, even if the hudud law is eventually put into implementation, it will only be applicable to the Muslims and non-Muslims will not be forced to accept it.
He said the parties that made up the Pakatan all had their own voices on this issue, which he said could be due to miscommunication. He also said the BN had tried to manipulate the issue to disrupt the cooperation between PAS and DAP.
On the question many Malaysians are concerned if PAS were to implement the hudud law once Pakatan wins the next general election, Mustafa explained, "The hudud law is indeed mentioned in the Holy Koran, and as such we must abide by the teachings of Islam.
"We cannot deny the existence of the hudud law, but it takes other conditions as well to put the law into implementation and therefore we will not simply implement it as we wish."
He cited the example that some Muslims might not fast during the Ramadan. While they could seek the forgiveness from Allah, they could not say Allah has not instructed them to fast. Going against the will of Allah is sinful in Islam.
"Can try"
Mustafa Ali said the country's existing laws had failed to check the incidence of crime and if Malaysians thought that the hudud law could help, PAS would want to try to implement it if Pakatan won the next general election.
However, he admitted that despite its positive aspects, the hudud law could not be implemented at once even if Pakatan were to take the helm of the federal administration, as there were still details that needed to be sorted out, such as when to amend the federal Constitution and consulting the views of the public.
He stressed that the hudud law would not be implemented if majority of Malaysians disagreed with it.
He pointed out that the rampant crime in our society today showed that our existing laws had failed to instill fear among potential criminals. He said the hudud law could make our society safer because people were afraid of the punishments handed down to them if they committed a crime.
He felt that the negative public perception of hudud law could have been attributed to the way it was carried in the media. He said the implementation of hudud law could actually have positive implications on social security.
He cited the example of Saudi Arabia whereby a shop owner could leave his shop unlocked or unattended to because thefts are a rarity in the country after the implementation of hudud law.
"Many people are only half informed about the hudud law and the stereotyped impression most people have is that a thief will have his hand lopped off. We have wanted to organise hudud talks but not many people are interested in it."
Mustafa said although the hudud law has been passed in the Kelantan state assembly since early 1990, it had yet to be officially implemented. The state government must first conduct a feasibility study based on the situation of the society. Besides, cooperation must also be sought from the federal government, police, prisons department and other relevant government bodies.
Welfare state the ultimate goal
Mustafa said Islamic state was only a name, and what PAS now emphasised was a welfare state.
"when we are talking about the Islamic state, people tend to think it is a country for Muslims only. Actually PAS is for all Malaysians.
"There isn't anything wrong with the Islamic state but it has been misunderstood by many."
He explained that the hudud law only dealt with certain types of crimes such as fornication, theft, apostasy, false accusation of adultery, robbery and alcohol drinking

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