Interfaith group: PAS' objectives are unconstitutional

Malaysia's biggest non-Muslim religious umbrella group has deemed PAS' stated objectives – an Islamic theocracy and the implementation of hudud law – as unconstitutional.

In a statement today, the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) said this was their response following PAS president Abdul Hadi Awang's purported conflicting statements regarding a "two-cabinet" proposal.

Although Hadi had denied making such statements, the MCCBCHST said it was compelled to provide a critical look at PAS' raison d'être and its history since 1993 towards achieving its theocratic ambitions.

Firstly, the group argued syariah and other laws were subordinate to the Federal Constitution, because Article 4(1) explicitly states that it is the "supreme law" of the land.

Citing constitutional expert Shad Saleem Faruqi's 2008 book "Document of Destiny: The Constitution of the Federation of Malaysia," the group said this meant that all other laws must conform to the constitution, from which all other laws are ultimately derived.

"Thus, all laws including syariah and Islamic law are subject to the Federal Constitution," said the MCCBCHST.

The all-important Article 3(4)

The group said all major historical documents such as the Alliance Memorandum 1956, Reid Commission Report 1957, White Paper of June 1957, Cobbold Commission Report 1962 and the Malaysia Agreement 1963, do not point to Malaysia being envisaged as an Islamic state.

"(This is) in the sense that 'Islam' envisaged by Article 3 of the Federal Constitution was not meant to be an addin (way of life)," said the group.

Article 3 (1) of the Federal Constitution stipulated that "Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation."

This Article, argued MCCBCHST, must be read with Article 3(4) which states: "Nothing in this Article derogates from any other provision of this Constitution."

Moreover, the group argued that the words "syariah" and "Islamic law" were only added to the ninth schedule list II of the Federal Constitution 1976.

"From the above, it is clear that PAS' pursuit of hudud law is against the spirit and core of the constitution and therefore unconstitutional," said the group.

PAS' relentless pursuit

History, said MCCBCHST, showed that PAS has been systematically moving towards realising an Islamic state, regardless of its unconstitutionality.

The group noted that PAS had introduced the Kelantan Syariah Criminal Code (II) Enactment in 1993, which provided for hudud punishments such as amputation and stoning to death.

This was followed by Hadi's introduction of a private members' bill to the Dewan Rakyat in 2016 with the original purpose of amending national laws to allow hudud punishment.

Such acts, along with a long list of public statements from PAS leaders, showed that the party was still "relentlessly pursuing" the Islamic state agenda, regardless of its unconstitutionality, said the MCCBCHST.

"PAS is reminded that our country has a supreme written constitution.

"Therefore, all their arguments about implementing hudud should be made with reference to the Constitution to which Islamic laws are subject," they said.

No equality for non-Muslims

Meanwhile, the MCCBCHST said that the rights of all non-Muslims would be "in jeopardy" if hudud law was implemented in Malaysia.

They said Hadi had publicly cited 11th-century Muslim scholar Al-Mawardi in supporting the concept of dividing non-Muslims into "harbi" (non-Muslims who fight against Muslim rulers) and "dhimmi" (non-Muslims who accept the supremacy and protection of Muslim rulers) thereby non-Muslims would be denied equal civil, political and legal equality rights.

"The claim that hudud does not affect non-Muslims is grossly misleading and is a deliberate attempt to deceive non-Muslims into accepting hudud," said the group.

In view of this, the MCCBCHST urged all Malaysians to unite under the Federal Constitution and Rukun Negara.

"We further call upon Malaysians to collectively reject hudud as it is unconstitutional," said the group.

The statement was issued by Hindu Sangam president Mohan Shanmugam, Christian Federation president Archbishop Julian Leow, Gurdwaras Council president Sardar Jagir Singh, Federation of Taoist Association president DaoZhang Tan Hoe Chieow, and Buddhist Association president Sin Kan. -Mkini