Wednesday, November 9, 2011

Datuk Seri Anwar Ibrahim



One figure that had inspired me a lot is Datuk Seri Anwar bin Ibrahim. I think it is better for me to explain a bit about his biodata first. Datuk Seri Anwar bin Ibrahim was born on 10th of August 1947. After completing his secondary education at Malay College Kuala Kangsar, he continued his tertiary studies at University of Malaya in Malay Studies. From 1968 to 1971, as a student, Anwar was the president of a Muslim students organisation, Persatuan Kebangsaan Pelajar Islam Malaysia (PKPIM). Then after his graduation, had became active in the NGO of Angkatan Belia Islam Malaysia (ABIM). In 1982, he had shocked his supporters by joining the biggest political party in Malaysia which is the United Malays National Organization (UMNO) which led by our former Prime Minister, Tun Dr. Mahathir bin Mohamad.

Datuk Seri Anwar started his political career by holding the position of Minister of Culture, Youth and Sports in 1983. And he had created his own history by only took 11 years to become a Deputy Prime Minister. It is a fact that some of UMNO senior members felt jealous with his fast promotion but because Tun Mahathir had impliedly shown that he wanted Anwar to be his protégé, these UMNO senior members just keep it silent. Things running well and crisis happened only in the year of 1999 where he had been sacked by Tun Mahathir. And the allegation towards him were corruption and sodomy activities.

His termination had caused a great impact to the whole nation where his supporters woke up and did protest via demonstration on roads in Kuala Lumpur. This riot had affected the status of Malaysia as a clean and harmony country. And because of this termination also, a new political party had been established that is Parti Keadilan Rakyat. Since Anwar lose his case, Anwar had been sentenced to jail. And many people thought that the political career of Anwar Ibrahim had came to an end. However, the reality had been contra to the theory. In fact, after he had been released from jail, the national political pattern had changed a lot. If previously, the government ruling party may easily hold the Parliament by majority of 2/3, it had become different due to his released where the opposition seems became stronger than before.

Once he had been released, in November 2006, Anwar announced he planned to run for Parliament in 2008, after his disqualification expired. He won a seat in Parliament by winning the by election of Permatang Pauh where he had a big victory there since he was the favourite in that competition for the election. On 28 August 2008, Anwar, dressed in a dark blue traditional Malay outfit and black "songkok", took the oath at the main chamber of Parliament house in Kuala lumpur, as Member of Parliament for Permatang Pauh at 10.03 am before Speaker Tan Sri Pandikar Amin Mulia. He formally declared Anwar the leader of the 3-party opposition alliance where he had been chosen as the Oppostion Leader in the Parliament.

What’s insipired me a lot is that how a man which had been thought to have his political career ended, is still alive at the moment and not just that, he holds one of the highest rank in the Parliament as well. And this matters shown us about his charismatic values which may influence people by his image and his speech as well. This values which owned by Datuk Seri Anwar Ibrahim is the matter for me to be inspired by his charismatic values as a politician and as a leader of the society.

And it is not an easy thing for a man which had been drowned in his career to bounce back. This is an extraordinary people which had worked hard to recover from the effect of the “drowning”. Not everyone can do this, but surely it is not impossible to be done and it had been proven by Datuk Seri Anwar and this matter had inspired me a lot to pick him as one of my idol in life.

Monday, November 7, 2011

Cinta Madinah



Kali terakhir saya menonton drama Cinta Madinah ialah ketika bulan puasa tahun 2010. Ketika itu drama ini disiarkan di Astro Oasis. Sebelum itu, drama bersiri dengan tema Islamik ini pada mulanya disiarkan di RTM sekitar tahun 2005. Bagi saya drama ini benar-benar salah satu medan dakwah yang mampu untuk membangkitkan semangat cintakan Allah dan agama Islam itu sendiri.
Drama ini dibintangi oleh pelakon Zul Yahya, Wardina Saffifyah, Shukery Hashim dan lain-lain lagi pelakon hebat.

Drama ini pada asalnya adalah terjemahan daripada novel Cinta Madinah tulisan Abu Hassan Morad. Dan bagi saya garapan novel ini ketika diterjemahkan ke dalam bentuk drama bersiri juga adalah sangat baik. Pastinya banyak pengajaran yang boleh diambil daripada drama ini. Pada hemat saya, drama ini benar-benar meninggalkan kesan kepada mana-mana saja lelaki yang menontonnya. Mengisahkan tentang seorang rakyat Malaysia yang menyambung pengajian di Universiti Madinah, watak yang bernama Safuan ini benar-benar memiliki sifat seorang lelaki yang soleh.

Tidak hanya bertemakan cinta sesama manusia yang melibatkan pertembungan hati di antara seorang lelaki dan wanita, kisah ini juga menumpukan tema kasih sayang sesama keluarga yang mana watak Safuan yang membanting tulang membantu ibunya yang berada di kampung untuk mengerjakan umrah. Begitu juga nilai-nilai moral yang melibatkan jiran tetangga.

Sekarang saya sedang cuba mendapatkan DVD drama ini kerana di internet capaian untuk mendapatkan drama ini seperti tiada. Dan pastinya drama ini tidak rugi untuk ditonton. :)

Friday, November 4, 2011

Seksualiti Merdeka


"We believe everyone is entitled to the freedom to love and the freedom to be, whether gay, lesbian, bisexual, transgender, intersexed, straight, asexual, pansexual, or simply fabulous."

Petika di atas secara terang-terangan ditulis dalam laman maya rasmi Perhimpunan Seksualiti Merdeka yang dianjurkan oleh 20 NGO termasuklah Majlis Peguam, SUARAM, Empower, PT Foundations, Amnesty International dan lain-lain NGO lagi. Jelasnya secara tak langsung apa yang boleh dilihat daripada perhimpunn yg akan dilangsungkan pada 9 November ini seakan mempromisokan budaya seks songsang ini. Walaupun pihak Polis telah pun mengharamkan perhimpunan ini, masih belum ada kepastian untuk pihak penganjur mengikut arahan tersebut.

Kalau masih dilangsungkan, perhimpunan ini benar-benar melanggar Artikel 3 Perlembagaan Persekutuan yang meletakkan Islam sebagai agama Persekutuan. Agama Islam tak pernah membenarkan aktiviti seks luar tabii ini. Saya kira bukan agama Islam saja, malah semua agama dan budaya tak pernah ada yang mengizinkan gejala seks songsang ini. Tunjukkan saya agama mana yang benarkan!

Perhimpunan ini juga seakan-akan mahu menjadi elemen yang akan meminda kesalahan liwat seperti yang termaktub di dalam Kanun Keseksaan negara. Penerimaan konsep keterbukaan seperti ini amat berbahaya kepada anak bangsa negara ini. Selain menjauhi dan melanggar norma kemanusiaan, ianya mampu untuk merendahkan taraf tamadun manusia itu sendiri. Sedangkan binatang pun tahu apa erti jantan betina, inikan manusia yang dianugerahkan akal.

Kita sedih kerana Majlis Peguam yang bijak pandai ini juga turut menganjurkan program ini.

Hentikanlah kegilaan ini!

Thursday, November 3, 2011

Hudud Based on the Federal Constitution



How to implement Hudud based on the Federal Constitution?

It is not undeniable facts that Malaysia is an Islamic state. Islam had been recognized as the religion of the Federation by the virtue of Article 3 of the Federal Constitution. In this situation, we could not say that Islam is the official religion of Malaysia as layperson thought. If we depended on this idea, it means that we agree that Malaysia has the unofficial religions as well. That is why we must strongly believe the Article 3 of the Federal Constitution had been included in this document to provide the idea that Islam is the religion of the Federation which means that Malaysia is an Islamic state.

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

Eventhough the Federal Constitution itself allows the freedom of religion to the Malaysian citizens, still the special position of Islam as the religion of the Federation had been safeguarded by the provision of Article 11(4) where it mentions that state and the Federal government may control the propagation of any religious doctrine or belief among persons professing the religion of Islam. In other words, the position of Islam had been safeguarded well in the Federal Constitution which reflects that Islam is the religion of the Federation; that is why the position must be protected.

We also agree that an Islamic state is complete to be called as an Islamic only once the laws which had been provided by the Lawgiver Allah had been implemented as the law of the land. In nowadays position, it seems like Islam had been implemented well in the socio system of Malaysia. This matter may be seen in our system such as banking, transactions, fsmily law matters etc. However, some sort of lacking is that the implementation of Islamic laws in term of criminal matters. Basically, we do not have problems for crimes which may be governed under taazir. But the problems happen when the 7 crimes categorized under Hudud had not been implemented for their punishment in Malaysia.

Basically, Hudud in Islamic law, usually refers to the class of punishments that are fixed for certain crimes that are considered to be "claims of God." It consists:

  1. Theft
  2. Zina (Illegal sexual intercourse)
  3. Highway robbery (Hirabah)
  4. Qazf (false accusation of zina)
  5. Drinking alcohol
  6. Apostacy
  7. Blasphemy

All these 7 crimes of Hudud had been described their punishment whether in the Quran or Sunnah. The punishment for theft is amputation of hand as had been described in surah Al-Maidah: 38. The punishment for zina is 100 lashes as had been stated in Surah An-Nur: 2. For Hirabah, the punishment is whether kill, cruxify or expelling the person from the state as had been stated in surah . For Qazf, the punishment is 80 lashes as had been stated in surah An-Nur: 3. The punishment for drinking alchol is 80 lashes as had been stated by one hadith of Prophet Muhammad. The punishment for apostacy also had been authorized by the hadith of Prophet Muhammad where the Prophet mentioned that the punishment for aposctacy is kill. While for blasphemy, the punishment is kill as had been clearly stated in surah Al-Hujurah: 9.

We may analyze that what are the reasons for no implementation of Islamic law for all these 7 crimes in Malaysia. Firstly my ground is that the reason of the political ideology itself. The intention to implement hudud is basically based on the ideology of a political movement. The kickstart to establish hudud will be easier if the ruling party in Malaysia ready to implement hudud. Political ideology may be affected with the socio perspective.

That is for the political reason which restrain the implementation of Hudud. And the other reason which block the implementation of Hudud is the legal basis which is the Federal Constitution itself. The main reason why Hudud do not have the ability to be implemented in Malaysia is because the meaning of the term ‘law” in the Article 160 of the Federal Constitution.

Article 160: Law includes written law, the common law in so far as it is in operation in the Federation or any part thereof, and any custom or usage having the force of law in the Federation or any part thereof.

Based on this provision it is clearly stated that the source of law which had only been recognized throughout the Federation are only the written law, the common law and any custom which had been forced of law in this country. Basically some may argue that the word custom in this provision indirectly mentioned about Islam. However this argument may be rebutted by saying that the custom stated in the provision only mention about custom which had been forced by law such as the family law matters, succession matters etc. And as we realize that Hudud had not been implemented, so in other words, the term custom in the provision is not in line with Hudud since it only mention about custom which had been forced by law.

It is also recognized that criminal matters as had been stated under Ninth Schedule of Article 74 is under the jurisdiction of the Federal government. Technically, the hudud matters should be governed under this provision. Supposedly, the Federal government may insert the hudud punishment to the Penal Code if they really want it. However, The problem is that if the Federal government intend to implement hudud laws, still that action is ultra vires with the definition of law which had been already stated in Article 160. Since Article 4 stated that FC is the supreme law of the Federation. So that, the FC must be referred all the time.

And my suggestion is that if we really intend to implement hudud in our country, the first thing that we need to do is by amending the definition of law in the interpretation section that is Article 160 of the Federal Constitution. It does not matter whether we choose to add the Islamic law as one source of laws or, just abolished the other “laws” which had been stated. The definition of law is very important here. It is because if the government of the day intend to apply hudud, the person punished may sue on the ground that the government had ultra vires with the term law provided in the Federal Constitution.

However, an interesting situation is that today the Syariah Courts hold the jurisdiction of two crimes in Hudud which are zina and drinking alcoholic drink. In theory, we may say that the Syariah Courts already have the jurisdiction to provide the hudud punishment for both of this crime. But still, this action may not be done since the Syariah Courts is governed by the Muslim Court Criminal Jurisdiction Act. And Section 2 of this act only provides the maximum punishment of 3 years jail, RM 5000 and 6 lashes. As a result, the State which have the jurisdiction to enact the law for Shariah Courts do not have the ability to impose Hudud.

Even if the Section 2 of the Muslim Court Criminal Jurisdiction Act had been amended, still it may be challenged to ultra vires the Federal Constitution.

Some may argue that Article 76A allows the Federal government to delegate to the state the power to enact laws with the matters in the Federal List. Let’s say the Federal government had delegated the power to the State government. Still, the definition of law must be refered if the State intends to enact Hudud laws. And the enactment is ultra vires the Federal Constitution because the definition of law does not recognize Islamic law as a part of law in Malaysia. We may also amend the Penal Code to include punishment for all the 7 crimes under Hudud, but the same effect goes. The punishment is unconstitutional.

In conclusion, the Hudud may still not be implemented if the term “law” in Article 160 still have not been amended. So as a suggestion here, I would like to propose the idea that if the government of the day ready to implement hudud in this land, the first thing that need to be done is by amending the definition of law in the Federal Constitution. If not, still the action of providing hudud is not legal in the eyes of the Federal Constitution.

Pages

Datuk Seri Anwar Ibrahim

Wednesday, November 9, 2011



One figure that had inspired me a lot is Datuk Seri Anwar bin Ibrahim. I think it is better for me to explain a bit about his biodata first. Datuk Seri Anwar bin Ibrahim was born on 10th of August 1947. After completing his secondary education at Malay College Kuala Kangsar, he continued his tertiary studies at University of Malaya in Malay Studies. From 1968 to 1971, as a student, Anwar was the president of a Muslim students organisation, Persatuan Kebangsaan Pelajar Islam Malaysia (PKPIM). Then after his graduation, had became active in the NGO of Angkatan Belia Islam Malaysia (ABIM). In 1982, he had shocked his supporters by joining the biggest political party in Malaysia which is the United Malays National Organization (UMNO) which led by our former Prime Minister, Tun Dr. Mahathir bin Mohamad.

Datuk Seri Anwar started his political career by holding the position of Minister of Culture, Youth and Sports in 1983. And he had created his own history by only took 11 years to become a Deputy Prime Minister. It is a fact that some of UMNO senior members felt jealous with his fast promotion but because Tun Mahathir had impliedly shown that he wanted Anwar to be his protégé, these UMNO senior members just keep it silent. Things running well and crisis happened only in the year of 1999 where he had been sacked by Tun Mahathir. And the allegation towards him were corruption and sodomy activities.

His termination had caused a great impact to the whole nation where his supporters woke up and did protest via demonstration on roads in Kuala Lumpur. This riot had affected the status of Malaysia as a clean and harmony country. And because of this termination also, a new political party had been established that is Parti Keadilan Rakyat. Since Anwar lose his case, Anwar had been sentenced to jail. And many people thought that the political career of Anwar Ibrahim had came to an end. However, the reality had been contra to the theory. In fact, after he had been released from jail, the national political pattern had changed a lot. If previously, the government ruling party may easily hold the Parliament by majority of 2/3, it had become different due to his released where the opposition seems became stronger than before.

Once he had been released, in November 2006, Anwar announced he planned to run for Parliament in 2008, after his disqualification expired. He won a seat in Parliament by winning the by election of Permatang Pauh where he had a big victory there since he was the favourite in that competition for the election. On 28 August 2008, Anwar, dressed in a dark blue traditional Malay outfit and black "songkok", took the oath at the main chamber of Parliament house in Kuala lumpur, as Member of Parliament for Permatang Pauh at 10.03 am before Speaker Tan Sri Pandikar Amin Mulia. He formally declared Anwar the leader of the 3-party opposition alliance where he had been chosen as the Oppostion Leader in the Parliament.

What’s insipired me a lot is that how a man which had been thought to have his political career ended, is still alive at the moment and not just that, he holds one of the highest rank in the Parliament as well. And this matters shown us about his charismatic values which may influence people by his image and his speech as well. This values which owned by Datuk Seri Anwar Ibrahim is the matter for me to be inspired by his charismatic values as a politician and as a leader of the society.

And it is not an easy thing for a man which had been drowned in his career to bounce back. This is an extraordinary people which had worked hard to recover from the effect of the “drowning”. Not everyone can do this, but surely it is not impossible to be done and it had been proven by Datuk Seri Anwar and this matter had inspired me a lot to pick him as one of my idol in life.

Cinta Madinah

Monday, November 7, 2011



Kali terakhir saya menonton drama Cinta Madinah ialah ketika bulan puasa tahun 2010. Ketika itu drama ini disiarkan di Astro Oasis. Sebelum itu, drama bersiri dengan tema Islamik ini pada mulanya disiarkan di RTM sekitar tahun 2005. Bagi saya drama ini benar-benar salah satu medan dakwah yang mampu untuk membangkitkan semangat cintakan Allah dan agama Islam itu sendiri.
Drama ini dibintangi oleh pelakon Zul Yahya, Wardina Saffifyah, Shukery Hashim dan lain-lain lagi pelakon hebat.

Drama ini pada asalnya adalah terjemahan daripada novel Cinta Madinah tulisan Abu Hassan Morad. Dan bagi saya garapan novel ini ketika diterjemahkan ke dalam bentuk drama bersiri juga adalah sangat baik. Pastinya banyak pengajaran yang boleh diambil daripada drama ini. Pada hemat saya, drama ini benar-benar meninggalkan kesan kepada mana-mana saja lelaki yang menontonnya. Mengisahkan tentang seorang rakyat Malaysia yang menyambung pengajian di Universiti Madinah, watak yang bernama Safuan ini benar-benar memiliki sifat seorang lelaki yang soleh.

Tidak hanya bertemakan cinta sesama manusia yang melibatkan pertembungan hati di antara seorang lelaki dan wanita, kisah ini juga menumpukan tema kasih sayang sesama keluarga yang mana watak Safuan yang membanting tulang membantu ibunya yang berada di kampung untuk mengerjakan umrah. Begitu juga nilai-nilai moral yang melibatkan jiran tetangga.

Sekarang saya sedang cuba mendapatkan DVD drama ini kerana di internet capaian untuk mendapatkan drama ini seperti tiada. Dan pastinya drama ini tidak rugi untuk ditonton. :)

Seksualiti Merdeka

Friday, November 4, 2011


"We believe everyone is entitled to the freedom to love and the freedom to be, whether gay, lesbian, bisexual, transgender, intersexed, straight, asexual, pansexual, or simply fabulous."

Petika di atas secara terang-terangan ditulis dalam laman maya rasmi Perhimpunan Seksualiti Merdeka yang dianjurkan oleh 20 NGO termasuklah Majlis Peguam, SUARAM, Empower, PT Foundations, Amnesty International dan lain-lain NGO lagi. Jelasnya secara tak langsung apa yang boleh dilihat daripada perhimpunn yg akan dilangsungkan pada 9 November ini seakan mempromisokan budaya seks songsang ini. Walaupun pihak Polis telah pun mengharamkan perhimpunan ini, masih belum ada kepastian untuk pihak penganjur mengikut arahan tersebut.

Kalau masih dilangsungkan, perhimpunan ini benar-benar melanggar Artikel 3 Perlembagaan Persekutuan yang meletakkan Islam sebagai agama Persekutuan. Agama Islam tak pernah membenarkan aktiviti seks luar tabii ini. Saya kira bukan agama Islam saja, malah semua agama dan budaya tak pernah ada yang mengizinkan gejala seks songsang ini. Tunjukkan saya agama mana yang benarkan!

Perhimpunan ini juga seakan-akan mahu menjadi elemen yang akan meminda kesalahan liwat seperti yang termaktub di dalam Kanun Keseksaan negara. Penerimaan konsep keterbukaan seperti ini amat berbahaya kepada anak bangsa negara ini. Selain menjauhi dan melanggar norma kemanusiaan, ianya mampu untuk merendahkan taraf tamadun manusia itu sendiri. Sedangkan binatang pun tahu apa erti jantan betina, inikan manusia yang dianugerahkan akal.

Kita sedih kerana Majlis Peguam yang bijak pandai ini juga turut menganjurkan program ini.

Hentikanlah kegilaan ini!

Hudud Based on the Federal Constitution

Thursday, November 3, 2011



How to implement Hudud based on the Federal Constitution?

It is not undeniable facts that Malaysia is an Islamic state. Islam had been recognized as the religion of the Federation by the virtue of Article 3 of the Federal Constitution. In this situation, we could not say that Islam is the official religion of Malaysia as layperson thought. If we depended on this idea, it means that we agree that Malaysia has the unofficial religions as well. That is why we must strongly believe the Article 3 of the Federal Constitution had been included in this document to provide the idea that Islam is the religion of the Federation which means that Malaysia is an Islamic state.

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

Eventhough the Federal Constitution itself allows the freedom of religion to the Malaysian citizens, still the special position of Islam as the religion of the Federation had been safeguarded by the provision of Article 11(4) where it mentions that state and the Federal government may control the propagation of any religious doctrine or belief among persons professing the religion of Islam. In other words, the position of Islam had been safeguarded well in the Federal Constitution which reflects that Islam is the religion of the Federation; that is why the position must be protected.

We also agree that an Islamic state is complete to be called as an Islamic only once the laws which had been provided by the Lawgiver Allah had been implemented as the law of the land. In nowadays position, it seems like Islam had been implemented well in the socio system of Malaysia. This matter may be seen in our system such as banking, transactions, fsmily law matters etc. However, some sort of lacking is that the implementation of Islamic laws in term of criminal matters. Basically, we do not have problems for crimes which may be governed under taazir. But the problems happen when the 7 crimes categorized under Hudud had not been implemented for their punishment in Malaysia.

Basically, Hudud in Islamic law, usually refers to the class of punishments that are fixed for certain crimes that are considered to be "claims of God." It consists:

  1. Theft
  2. Zina (Illegal sexual intercourse)
  3. Highway robbery (Hirabah)
  4. Qazf (false accusation of zina)
  5. Drinking alcohol
  6. Apostacy
  7. Blasphemy

All these 7 crimes of Hudud had been described their punishment whether in the Quran or Sunnah. The punishment for theft is amputation of hand as had been described in surah Al-Maidah: 38. The punishment for zina is 100 lashes as had been stated in Surah An-Nur: 2. For Hirabah, the punishment is whether kill, cruxify or expelling the person from the state as had been stated in surah . For Qazf, the punishment is 80 lashes as had been stated in surah An-Nur: 3. The punishment for drinking alchol is 80 lashes as had been stated by one hadith of Prophet Muhammad. The punishment for apostacy also had been authorized by the hadith of Prophet Muhammad where the Prophet mentioned that the punishment for aposctacy is kill. While for blasphemy, the punishment is kill as had been clearly stated in surah Al-Hujurah: 9.

We may analyze that what are the reasons for no implementation of Islamic law for all these 7 crimes in Malaysia. Firstly my ground is that the reason of the political ideology itself. The intention to implement hudud is basically based on the ideology of a political movement. The kickstart to establish hudud will be easier if the ruling party in Malaysia ready to implement hudud. Political ideology may be affected with the socio perspective.

That is for the political reason which restrain the implementation of Hudud. And the other reason which block the implementation of Hudud is the legal basis which is the Federal Constitution itself. The main reason why Hudud do not have the ability to be implemented in Malaysia is because the meaning of the term ‘law” in the Article 160 of the Federal Constitution.

Article 160: Law includes written law, the common law in so far as it is in operation in the Federation or any part thereof, and any custom or usage having the force of law in the Federation or any part thereof.

Based on this provision it is clearly stated that the source of law which had only been recognized throughout the Federation are only the written law, the common law and any custom which had been forced of law in this country. Basically some may argue that the word custom in this provision indirectly mentioned about Islam. However this argument may be rebutted by saying that the custom stated in the provision only mention about custom which had been forced by law such as the family law matters, succession matters etc. And as we realize that Hudud had not been implemented, so in other words, the term custom in the provision is not in line with Hudud since it only mention about custom which had been forced by law.

It is also recognized that criminal matters as had been stated under Ninth Schedule of Article 74 is under the jurisdiction of the Federal government. Technically, the hudud matters should be governed under this provision. Supposedly, the Federal government may insert the hudud punishment to the Penal Code if they really want it. However, The problem is that if the Federal government intend to implement hudud laws, still that action is ultra vires with the definition of law which had been already stated in Article 160. Since Article 4 stated that FC is the supreme law of the Federation. So that, the FC must be referred all the time.

And my suggestion is that if we really intend to implement hudud in our country, the first thing that we need to do is by amending the definition of law in the interpretation section that is Article 160 of the Federal Constitution. It does not matter whether we choose to add the Islamic law as one source of laws or, just abolished the other “laws” which had been stated. The definition of law is very important here. It is because if the government of the day intend to apply hudud, the person punished may sue on the ground that the government had ultra vires with the term law provided in the Federal Constitution.

However, an interesting situation is that today the Syariah Courts hold the jurisdiction of two crimes in Hudud which are zina and drinking alcoholic drink. In theory, we may say that the Syariah Courts already have the jurisdiction to provide the hudud punishment for both of this crime. But still, this action may not be done since the Syariah Courts is governed by the Muslim Court Criminal Jurisdiction Act. And Section 2 of this act only provides the maximum punishment of 3 years jail, RM 5000 and 6 lashes. As a result, the State which have the jurisdiction to enact the law for Shariah Courts do not have the ability to impose Hudud.

Even if the Section 2 of the Muslim Court Criminal Jurisdiction Act had been amended, still it may be challenged to ultra vires the Federal Constitution.

Some may argue that Article 76A allows the Federal government to delegate to the state the power to enact laws with the matters in the Federal List. Let’s say the Federal government had delegated the power to the State government. Still, the definition of law must be refered if the State intends to enact Hudud laws. And the enactment is ultra vires the Federal Constitution because the definition of law does not recognize Islamic law as a part of law in Malaysia. We may also amend the Penal Code to include punishment for all the 7 crimes under Hudud, but the same effect goes. The punishment is unconstitutional.

In conclusion, the Hudud may still not be implemented if the term “law” in Article 160 still have not been amended. So as a suggestion here, I would like to propose the idea that if the government of the day ready to implement hudud in this land, the first thing that need to be done is by amending the definition of law in the Federal Constitution. If not, still the action of providing hudud is not legal in the eyes of the Federal Constitution.