Dialogue between Gerakan Legal Team & Prof Azmi Shahrom

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Those who oppose Hudud are dogs?

Abdul-Hadi-Awang

Hadi’s recent drawing analogy on those who opposed as dogs barking is utterly disrespectful

Comments by PAS’s President Hadi Awang who claimed that Hudud is God’s Law and drew an anology of those who opposed it are equivalent to dogs and wolf barking drawn the ire of Gerakan Head of Legal Team and National Deputy Youth Chief, Andy Yong saying that it is utterly disrespectful and undemocratic in the Malaysian society.

 

He strictly said that while he is not intending to interfere in Islamic matters, he wondered had Hadi Awang consulted the relevant national religious authorities or civil societies before passing the Hudud Law in the state of Kelantan.

 

“I am no connoisseur in Islamic matters but did Hadi consult the Conference of Rulers beforehand? Also, did he explain to the public what contradictions does this Hudud Enactment brings against Article 4 and 8 in the Federal Constitution where it is the supreme law and all citizens are to be treated equally? No, he left the public in a nebulous situation while moving on with his agenda in a perfunctory manner.”

 

Andy Yong added that the current Hudud Law is esoteric in nature instead of in accordance to the Quran, where it has been manipulated for PAS’s selfish political gain at the expense of the general public. He repeated that if Hadi is so desperate to implement the Hudud, he should have done it in a legal and constitutionally acceptable manner by tabling a motion to amend the Federal Constitution instead of the Syariah Courts (Criminal Jurisdiction) Act.

 

“Hadi acted furtively prior to the tabling of the Syariah Enactment on 18 March 2015 which was eventually passed the next day on 19 March 2015 in the Kelantan State Assembly. What is the reason behind such secretive action and is there something that the public should not know? Then he once more acted in such manner by editing his Private’s Member Bill in the previous Parliament sitting hastily.”

 

Andy continued that it is to be expected that the animosity between DAP and PAS to lingered on despite giving a smokescreen to the public in the form of Pakatan Rakyat where the DAP played their cards well in deceiving the non-Muslims in a pernicious manner. He said that regarding Hadi’s comments on ‘dogs and wolfs barking’ where various breeds of dogs existed where some will do whatever it takes to defend the Federal Constitution and the nation and Gerakan is one of them.

Malaysia Our Home

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It should never be about Malays or Chinese or Indians or Kadazan or Dusun or Dayaks. It is about us, Malaysians.

God created diversity. This is what we are in Malaysia. It is our home. It is not a hotel. It is our responsibility to make our home a better place to live in. I was in Australia early this month. I love the country but deep inside I knew it was not my home.

Each of us has a role to play.

Malaysians should not just think about making money and taking care of themselves only. There should not be any fear or envy or jealousy. Yes easier said than done but each of us can make a difference if we want.

Those who think they can migrate anytime are like guests in a hotel; sometimes complain, sometimes praise thinking it is their right to be treated fairly. This is not their home.

We should contribute and make it a better home. It cannot be about ourselves only. We must protect our home without fear or favour. It is our responsibility.

Together as Malaysians, we can make our home a beautiful place to live in.

Know Your Constitution

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Whether we like it or not, as Malaysians it is of utmost importance to understand the Constitution.

By examining the recent political scenarios in respect to the rule of law and constitution, one can understand better the reason behind the problems and issues that the country currently face.

The Constitution had set out the intention of making Malaysia govern by principles of open democracy.

The problem that arises now is because of the government’s (federal and state) attitude towards the Constitution.

Some of the politicians have little respect for the Constitution or mere ignorance.

The lack of effective mechanisms to ensure a good constitutional government is the definitive contribution to this problem.

The executive act in removing the judiciary’s power (in 1988) is perhaps the most significant event that has affected the country. This is a sign that separation of powers between the executive, legislative and judicial branch of government in Malaysia is slowly being broken down with the executive branch giving itself more powers.

Without the judiciary having its conviction on the supremacy of the Constitution or power on the government (pre-1988), it will inevitably lead to a state of arbitrariness.

The increasing emphasis on Islam as the guideline for governing Malaysia is something that must be kept in check to avoid the overzealous elements within the government implementing unacceptable Islamic policy on a multi-religious society.

For this I am convinced that Parti Gerakan will defend the Constitution at all cost.

If Pas wants Hudud, amend the Constitution

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Gerakan’s Youth Deputy Chief, Andy Yong Kim Seng pointed out that PAS President Hadi Awang has changed the motion for a Private Member’s Bill to amend the Syariah Courts (Criminal Jurisdiction) Act, 1965 (Act 355). He noted that the desperate and discreet amendment by replacing the sentence “sesuai dengan kehendak Islam…” to “melainkan hukuman mati” in the amended Bill showed that Hadi has made attempt to circumvent its unconstitutional aspects in the previous Bill submitted to the House.

“Compared to the previous Bill, the controversial amendment in the proposed Section 2A suggested that Hadi was aware of the unconstitutional aspects in the previous Bill as Syariah Court has no jurisdiction on criminal offences let alone the power to mete out the death sentence,” said Andy Yong

Andy Yong maintained that despite Hadi’s superficial attempts to amend the Bill, it is still unconstitutional. He pointed out Clause 2 seeks to amend Section 2 of Act 355 to replace the existing provision on the subject of the Shariah Court’s jurisdiction over a person professing the religion of Islam.

“It was Hadi’s bid to remove the legal blocks to the rollout of hudud in Kelantan. Though the Bill is unlikely to be tabled again this time (listed 28 on the Order Paper) we are far from safe as he will bring forward to the next sitting,” said Andy Yong

“I believe if Hadi or PAS wants to implement Hudud so badly, why not conduct it in a legal and gentleman manner by amending the Federal Constitution beforehand instead of just amending the Act 355,” challenged Andy Yong.

民青团署理团长杨锦成指出,伊斯兰党主席哈迪阿旺改写其私人法案,以寻求修改1965年回教法庭法庭第355条文。他说,哈迪这项出乎预料积极和谨慎的举措,以“除了死刑”取代“符合伊斯兰宗教需求…”句子的修正,显示出哈迪企图掩盖早前提呈给国会的私人法案中的违宪之处。

“相较之下,针对第2A条款作出具有争议性的修正说明哈迪早已经意识到先前法案里的违宪之处,因为伊斯兰法庭并没有权利管辖刑事罪,更别说判决死刑,”杨锦成说。

杨锦成认为,尽管哈迪尝试表面性的修改该法案,但它还是违宪的。他指出,该法案的第2条款尝试修改355法令的第2条文,以取代现今条款关于伊斯兰法庭对于信奉伊斯兰教徒的司法管辖权限。

“哈迪正尝试除去在吉兰丹实行伊刑法的法律障碍。尽管该法案不大可能在今次国会议程中提呈和辩论(列议事日程表第28条),这还不足以让我们感到安全,因为他会持续把法案带到下一次议会,”杨锦成说。

“我相信如果哈迪或伊党如此坚决地要实行伊刑法,为何不尝试以合法和绅士风度的方式,通过修改联邦宪法而不是仅仅修改355条文,”杨锦成向哈迪提出挑战。

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