A visit to Kelantan has changed a constitutional expert's perspective of hudud law - it has convinced him that it is what the majority of the people there want, and that the state government is under pressure to implement it.
"After going to Kelantan to brief Tok Guru (Kelantan Menteri Besar Nik Abdul Aziz Nik Mat,left, yesterday) and listening to the grassroots' sentiments... I admit that what I saw and heard during the short visit have changed my perspective on the issue," said Abdul Aziz Bari in an email to Malaysiakini.
According to the UIAM law lecturer, the PAS-led state government is willing to hold a referendum on the implementation of hudud law, since it is the wish of the Kelantanese.
"Given this sentiment, Umno leaders over there cursed (Prime Minister) Najib (Abdul Razak) for saying 'No' to hudud because that statement simply means Umno can now close shop in the state," he said.
He commented that Najib's rejection of hudud law may not help BN to regain non-Muslim votes.
"Tok Guru is not stupid. They have their Facebook and from the response, PAS is confident that Umno is now vulnerable in Malay/Muslim areas. And there is no guarantee that they will get the non-Muslim votes given the Facebook response," he said.
Contention over the long-simmering issue was resurrected last week when Nik Aziz blamed former premier Dr Mahathir Mohammad for obstructing Kelantan in implementing hudud law in the 1990s.
Mahathir then challenged Nik Aziz to carry on with implementation when he was no longer the prime minister.
Najib has asserted that the federal government will not enforce hudud law nationwide due to realities, dismissing it as another gimmick by PAS to divert the people's attention.
He also stressed that there are already elements of hudud law in the system "minus the extreme part".
Abdul Aziz (left) observed that Najib's statement is self-contradictory - on the one hand, the premier has admitted that elements of hudud law are already in the system but, on the other, he said he opposes implementation of the law.
"Umno should be helping instead of maintaining the obstacle. That is why I said Umno is in danger of losing the Malay/Muslim votes in their attempt to court the non-Muslim support,” said Abdul Aziz.
"And the non-Muslims (will) not necessarily believe what the media have reported so far. Just watch out from(today) onwards (to see) what PAS will do."
He emphasised that the federal constitution does not prohibit the application of Islamic law including hudud law.
"What the DAP has said about the constitution being secular is not true. Somehow the DAP shares this erroneous belief with MCA and Gerakan."
'PAS will not budge'
Abdul Aziz also slammed the DAP for "trying to outdo MCA and Gerakan in opposing hudud law", stressing that such implementation does not change Pakatan Rakyat policy.
"There is no question of changing Pakatan policy as alleged by (DAP secretary-general) Lim Guan Eng because hudud is just for Kelantan and for Muslims.”
The DAP's opposition to hudud law without considering the Kelantan people's voice, he said, is an undemocratic approach.
"The DAP overlooked the fact that Nik Aziz is just listening and acting in accordance with grassroots sentiment in his state... It is essentially about respecting popular demand rather than imposing hudud or betraying Pakatan partners.
"PAS will not budge. Not because it is stubborn. But simply that hudud (law) is what the majority in Kelantan want. It is democracy pure and simple. PAS (has not done it) in Kedah because that is not the case."
Abdul Aziz also reminded the DAP that the state government's power to implement hudud law in Kelatan is part of an ideal federalism which Pakatan and DAP have been championing.
"The DAP forgets about true federalism which allows unity in diversity. Around the world such is actually common... In federal systems, like (in the) US and Canada, there are states which apply different laws. Quebec is one good example.
"I think PAS is open and transparent about hudud (law) and that is why it (is) willing to conduct a referendum in Kelantan. I believe PAS will allow the DAP to go the ground to ascertain the true wishes of the people in the state."
Realistic move
Defending PAS, Abdul Aziz argued that pushing hudud law is a realistic move for the party to survive in Kelantan, which it has held since 1990.
"For one thing Kelantan is unique. It has been sticking to PAS from 1990 and managed to survive even when it was left with just a one-seat majority after 2004. It has also steadfastly loyal to PAS when other states were with Umno-BN.
"I think the Kelantanese are telling us to be mindful of their wishes. They would like to be with the rest of the Malaysians but at the same time they also want their fellow countrymen to respect their choice.
"The problem now is clearly not about PAS forcing non-Muslims and non-Kelantanese to accept hudud (law) but rather those against (this) trying to force Kelantanese to part with their preference for (this law)."
If the DAP is willing to soften its stand on the proposal, he said, implementation in Kelantan would strengthen rather than weaken Pakatan.
"It would also acknowledge the diversity in the country."
"After going to Kelantan to brief Tok Guru (Kelantan Menteri Besar Nik Abdul Aziz Nik Mat,left, yesterday) and listening to the grassroots' sentiments... I admit that what I saw and heard during the short visit have changed my perspective on the issue," said Abdul Aziz Bari in an email to Malaysiakini.According to the UIAM law lecturer, the PAS-led state government is willing to hold a referendum on the implementation of hudud law, since it is the wish of the Kelantanese.
"Given this sentiment, Umno leaders over there cursed (Prime Minister) Najib (Abdul Razak) for saying 'No' to hudud because that statement simply means Umno can now close shop in the state," he said.
He commented that Najib's rejection of hudud law may not help BN to regain non-Muslim votes.
"Tok Guru is not stupid. They have their Facebook and from the response, PAS is confident that Umno is now vulnerable in Malay/Muslim areas. And there is no guarantee that they will get the non-Muslim votes given the Facebook response," he said.
Contention over the long-simmering issue was resurrected last week when Nik Aziz blamed former premier Dr Mahathir Mohammad for obstructing Kelantan in implementing hudud law in the 1990s.
Mahathir then challenged Nik Aziz to carry on with implementation when he was no longer the prime minister.
Najib has asserted that the federal government will not enforce hudud law nationwide due to realities, dismissing it as another gimmick by PAS to divert the people's attention.
He also stressed that there are already elements of hudud law in the system "minus the extreme part".
Abdul Aziz (left) observed that Najib's statement is self-contradictory - on the one hand, the premier has admitted that elements of hudud law are already in the system but, on the other, he said he opposes implementation of the law."Umno should be helping instead of maintaining the obstacle. That is why I said Umno is in danger of losing the Malay/Muslim votes in their attempt to court the non-Muslim support,” said Abdul Aziz.
"And the non-Muslims (will) not necessarily believe what the media have reported so far. Just watch out from(today) onwards (to see) what PAS will do."
He emphasised that the federal constitution does not prohibit the application of Islamic law including hudud law.
"What the DAP has said about the constitution being secular is not true. Somehow the DAP shares this erroneous belief with MCA and Gerakan."
'PAS will not budge'
Abdul Aziz also slammed the DAP for "trying to outdo MCA and Gerakan in opposing hudud law", stressing that such implementation does not change Pakatan Rakyat policy.
"There is no question of changing Pakatan policy as alleged by (DAP secretary-general) Lim Guan Eng because hudud is just for Kelantan and for Muslims.”The DAP's opposition to hudud law without considering the Kelantan people's voice, he said, is an undemocratic approach.
"The DAP overlooked the fact that Nik Aziz is just listening and acting in accordance with grassroots sentiment in his state... It is essentially about respecting popular demand rather than imposing hudud or betraying Pakatan partners.
"PAS will not budge. Not because it is stubborn. But simply that hudud (law) is what the majority in Kelantan want. It is democracy pure and simple. PAS (has not done it) in Kedah because that is not the case."
Abdul Aziz also reminded the DAP that the state government's power to implement hudud law in Kelatan is part of an ideal federalism which Pakatan and DAP have been championing.
"The DAP forgets about true federalism which allows unity in diversity. Around the world such is actually common... In federal systems, like (in the) US and Canada, there are states which apply different laws. Quebec is one good example.
"I think PAS is open and transparent about hudud (law) and that is why it (is) willing to conduct a referendum in Kelantan. I believe PAS will allow the DAP to go the ground to ascertain the true wishes of the people in the state."
Realistic move
Defending PAS, Abdul Aziz argued that pushing hudud law is a realistic move for the party to survive in Kelantan, which it has held since 1990.
"For one thing Kelantan is unique. It has been sticking to PAS from 1990 and managed to survive even when it was left with just a one-seat majority after 2004. It has also steadfastly loyal to PAS when other states were with Umno-BN.
"I think the Kelantanese are telling us to be mindful of their wishes. They would like to be with the rest of the Malaysians but at the same time they also want their fellow countrymen to respect their choice.
"The problem now is clearly not about PAS forcing non-Muslims and non-Kelantanese to accept hudud (law) but rather those against (this) trying to force Kelantanese to part with their preference for (this law)."
If the DAP is willing to soften its stand on the proposal, he said, implementation in Kelantan would strengthen rather than weaken Pakatan.
"It would also acknowledge the diversity in the country."
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