Hudud needs Conference of Rulers’ consent?
Gerakan asked if PAS’ president Abdul Hadi Awang has consulted the sultans on his hudud bill, considering the Islamic penal code would apply to all Muslims including the royalty.
Gerakan’s head lawyer and national deputy youth chief Andy Yong asked in Hadi had gotten the “green light” from the rulers to proceed with his bill.
He pointed out Kelantan’s Syariah Criminal Code 1993 (II) (Amendment) 2015 (hudud) would apply to all who profess Islam, including the rulers as no exception has stated otherwise.
“Hence article 38(4) clearly states that, ‘No law directly affecting the privileges, position, honours or dignities of the rulers shall be passed without the consent of the Conference of Rulers (COR).
“I doubt Hadi or Kelantan state consulted the COR, not to mention that the constitution required a special court under article 182 for any proceedings by or against the rulers, was not taken into account in the Kelantan hudud law,” said Yong in a statement.
“With the ongoing hudud legal battles in court such as the injunction against the speaker by the four Malay applicants and Gerakan’s challenge at the federal court, perhaps the COR should be consulted and decide on the hudud law in accordance to the federal constitution,” he said.
Yong reminded that the sultans are the head of Islam according to Article 3 (2) of the federal constitution.
While Hadi had tabled his bill in Parliament after securing a unanimous vote from PAS and Umno assemblypersons for the hudud enactment at the Kelantan assembly, the bill has yet to be heard in the last two sittings.
“As of today, it is reported that Hadi has yet to table his third attempt of the private member’s bill,” Yong noted.