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Sunday, May 29, 2016

Hudud will affect all Malaysians, not just Muslims

COMMENT Over the last few days, we have read and heard so many statements that PAS president Abdul Hadi Awang’s Hudud Bill will not affect non-Muslims on both sides of the political divide.
Such remarks are absurd. The key concerns are about its legal and constitutional aspects, not race or religion.
If the hudud of PAS is allowed to be implemented, it will have serious implications, affecting all Malaysians including non-Muslims.
There will be inequality of laws and this is clearly disallowed by Article 8 of the federal constitution.
More importantly, the supreme law does not allow other legislation to encroach into the offences provided in the federal law i.e. the Penal Code.
Offences and its punishments such as rape, theft etc, are provided for in the Penal Code.
So the Bill, though it seems to enlarge the jurisdiction of Syariah Court i.e. Act 355, is actually legislation to allow Hudud PAS to be implemented through the back door.
A classic example is, if a victim in a rape case is a non-Muslim and the rapist is a Muslim, which law applies? Vice-versa if the rapist is a Chinese, will there be justice?

Same goes to theft or robbery cases, do we expect non-Muslim victims to lodge a report with the Islamic Affairs authorities and subsequently be subject to the Syariah Court?
Another example is that insurance laws will never recognise hudud, so for personal injury claims in a road accident, the insured will not be covered.
At the end of the day if it is implemented, it will not only write another chapter in constitutional history, but a revolutionary one.

ANDY YONG is Gerakan deputy Youth chief. -Mkini

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