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Monday, June 8, 2015

4 file injunction to stop debate on private member’s bill on hudud

Marang MP Datuk Seri Abdul Hadi Awang submitted a private member's bill on hudud two weeks ago to enable Kelantan to implement the Islamic penal code. – The Malaysian Insider pic, June 8, 2015.Marang MP Datuk Seri Abdul Hadi Awang submitted a private member's bill on hudud two weeks ago to enable Kelantan to implement the Islamic penal code. – The Malaysian Insider pic, June 8, 2015.
A group of Malaysians have filed an injunction to stop PAS's private member's bill on hudud on the grounds of constitutionality, in effect blocking the debate on the bill in Parliament.
The quartet – Mansoor Saat, Azira Aziz, Hasbeemaputra Abu Bakar and Hazwany Jamaluddin – filed the injunction at the Kuala Lumpur High Court last Thursday through their lawyers Siti Kasim and Farez Jinnah.
The court has set aside June 12 for case management.
Hadi is also president of opposition Islamist party, PAS.
However, a check on the Order Papers in Parliament today showed that the motion to debate on the bill was not listed.
By convention, government business takes priority and has to be finished first before any private member's bills can be debated.
Siti said the application was based on the unconstitutionality of the private member's bill, in which Hadi was seeking to amend the Shariah Courts (Criminal Jurisdiction) Act 1965 which governs the scope of punishments meted out by the Shariah court. 
As such, the plaintiffs are seeking an injunction to prevent the Bill from being debated until the case is disposed of.
She said a private member’s bill was a "back door" attempt to change the Federal Constitution, warning that the proposed bill would have wider implications than just Kelantan as it would apply to Muslims nationwide.
"This is technically amending our constitution. It is just not about Kelantan. If the bill is passed, it will allow Muslims in Malaysia to be punished according to their interpretation of the Shariah law," she told reporters outside the Parliament lobby today.
Hadi had previously presented the notice to table the motion on the private member’s bill at the last sitting on March 18.
Although it was listed in the Order Paper, it never came up for debate. 
PAS-led Kelantan in March passed the amendments to the Shariah Criminal Code II Enactment 1993  (Amendment 2015) to pave the way for the east coast state to implement the Islamic law which, among  others, now has provisions like death by stoning for adultery with married partners, whipping of between 40 and 80 lashes for consuming alcohol and amputation of limbs for theft.
However, it needed an amendment to the act for hudud to be implemented in the east coast state.
- TMI

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