Political Freedom In Malaysia: The Effects

When we are discussing the issue of political freedom, it is not sufficient for us to look solely only on the political entity. The discussion should include the effects of the enforcement of law towards the political freedom. A fact that cannot be denied is that when the authority had done some blocking to the political freedom, somehow it would affect the other aspects of fundamental liberties such as the freedom of speech and freedom of assembly.

This is because with politics, it is not only enough to mention that politics come with a situation where a citizen signing up the membership of a political party. It is beyond that. For instance, the limitations of political freedom may cause limited effects on right to speech or right to assembly. This matter can be seen in a situation where an academician does not have the freedom to give his academic opinions regarding certain issues that occurs locally or internationally.

The example given above is just an illustration to demonstrate that politics have a very big role and impact to the society. Its interruption may cause “chaos” in the community, and country as well. Politics deal with all aspects of life. Its effect can be seen in all the important matters such as the policy and arrangement made by the executive body of the country. The basic element of such these elements depends on the spirit and the mission of the political party.

This is the reason why the topic of political freedom is very important to be discussed. Since it involves such a great impacts to the other aspects of fundamental liberties. Here the provision in the Federal Constitution that can be mentioned is Article 10. In this provision, it mentions about the right and freedom of the Malaysian citizens to have the freedom of speech, assembly and association. We may discuss this provision one by one.

Article 10: Freedom of Speech, assembly and association.

(1)Subject to Clauses (2), (3) and (4) –

(a) every citizen has the right to freedom of speech and expression;

(b) all citizens have the right to assemble peaceably and without arms;

(c) all citizens have the right to form associations.

(2) Parliament may by law impose –

(a) on the rights conferred by paragraph (a) of Clause (1),such restrictions as it deems

necessary or expedient in the interest of the security of the Federation or any part thereof,

friendly relations with other countries, public order or morality and restrictions designed

to protect the privileges of Parliament or of any Legislative Assembly or to provide

against contempt of court, defamation, or incitement to any offence;

(b) on the right conferred by paragraph (b) of Clause (1), such restrictions as it deems

necessary or expedient in the interest of the security of the Federation or any part thereof,

or public order;

(c) on the right conferred by paragraph (c) of Clause (1), such restrictions as it deems

necessary or expedient in the interest of the security of the Federation or any part thereof,

public order or morality.

(3) Restrictions on the right to form associations conferred by paragraph (c) of Clause (1) may

also be imposed by any law relating to labour or education.

(4) In imposing restrictions in the interest of the security of the Federation or any part thereof or public order under Clause (2) (a), Parliament may pass law prohibiting the questioning of any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III, article 152, 153 or 181 otherwise than in relation to the implementation thereof as may be specified in such law.

The first part that we can discuss is about the issue of freedom of speech and expression. This matter can be seen as the most popular right that needed by the people. Since freedom of speech in theory may be considered as the best platform or medium for the people to express their own opinion and perspective towards what happens around them. However since laws like AUKU had been enforced, this right seems to be affected. It is because people or in this context, the university students seems do not have the platform to speak out what they think. This dilemma also affected the academician group of people. Even though it seems like the relationship between freedom of speech and AUKU is quite remote, somehow it still affects how the people manage to speak out their ideas.

The limitation of political freedom also may affect the right the citizen to assemble peaceably and without arms. This matter is quite controversial to be discussed but is very relevant towards the context of this country. It is because any planning made by certain organizations to held a peaceful assembly may be considered as not a peaceful one if those organizations consists of opposition side members. This idea cannot be used in a such modern civilization. It is because the form of check and balance cannot be done in the best way if all these rights had been blocked by the authority. This is not a political issue but this right might be desired by the current authority if they are in the position as the opposition in this country. So to be fair to everybody this right must be granted, and the exception is only if it happens to such the sensitive issues.

And for sure the provision of Article 10 (1) (c) which mentions about the right to form associations to all Malaysian citizens. This is the holy provision that allows the citizens to form or joining any associations that they like. It is a funny thing when we discuss about the enforcement of AUKU towards the local university students, but in overseas, the government party have their own club which is joined by the Malaysian students there. What makes these group of people have to be judged double standard in their political involvement. Another example that can be seen as funny is where a youth which do not enter any college or university for their tertiary education, they do not have any problem to join any political party. But for those who are students in universities or college, even though with similar age, their right towards the political involvement cannot be used. We also can see a situation where there is a high birocrasy obstacle when it involve with some political elements in regards of Society’s Act.

All the provisions stated above for sure is not against the law since it is allowed by the Federal Constitution itself in Article 10(2) which mention that parliament may have the right to restrict all these three rights from being used by the citizens in order to protect the security of the Federation, public order or morality. It is not a problem if all these restrictions been used to protect such indigenous elements in the Federal Constitution such as the position of Islam as the religion of the Federation or the position of the Malay rulers. But the important matter that need to be taken seriously is when all the freedoms laid down in Article 10 does not involve such sensitive matters but only include such check and balance system of the executive.

Article 10(3) which restrict the right to form associations conferred by paragraph C of Clause (1) may also be imposed by any law relating to labour or education. Here it is crystal clear mention that such law as AUKU is legal and valid in the eyes of the constitution itself. The only matter that can be discussed is about the relevance degree of this law. It is a debatable argument but still, as had been discussed above the issue is that such law intends to protect the security of the Federation or the security of the authority themselves. A point to ponder.

An issue that need to be discussed is whether all these restrictions are relevant enough to be used nowadays. As had been stated above, those restrictions are relevant to be used once it deals with the sensitive issues, however the most important thing is the authority must have a good consideration in determining the degree of “the dangerous” event. If it supposed for the benefit for the check and balance system of the government, the authority must provide a gentleman attitude in handling those issues.

In conclusion, the limitation of political agenda might cause some negative effects to not only the political freedom solely but also include the other rights such as those rights stated under Article 10 of the Federal Constitution. To be a gentlemen authority, the government must be brave enough to face to face with its own people in good way of course and not solely rejecting the peoples’ request.

*this article is written for International Conference regarding Political Freedom in Malaysia held at AIKOL IIUM on 1st March 2012 by me and Bro. Fuad Syazwan*

Apa Ada Pada Politikus

1. Menjadi seorang politikus bukannya kerja mudah. Ianya satu amanah daripada Allah untuk dilaksanakan dengan baik untuk memakmurkan bumi Allah ini seperti tertulis dalam Al-Baqarah:30.

" Dan ingatlah ketika Tuhanmu berfirman kepada malaikat sesungguhnya aku hendak menjadikan seseorang khalifah di bumi "

2. Menjadi seorang politikus juga bukan suatu impian yang mesti diminta-minta. Apabila jawatan ini diminta atau didamba secara bersungguh, pelbagai natijah negatif akan melanda. Akan berlakulah pelbagai penyelewengan untuk kepentingan peribadi dan kroni. Segala kekayaan akan disimpan di dalam kantung sendiri.

Hadis nabi:

Wahai Abd Rahman Ibn Samurah janganlah engkau memohon sesuatu jawatan pemimpin (kepimpinan). Sesungguhnya jika diberikannya (jawatan pemimpin) dengan permintaan engkau (disebabkan cita-citamu), maka engkau akan diserahkannya tanpa ditolong (menanggung seluruh bebannya). Tetapi jika engkau diberika kepimpinan tanpa meminta (ditugaskan tanpa cita-citamu), maka engkau akan ditolong (untuk mengatasinya).” (Riwayat al-Bukhari dan Muslim)

3. Seperti dinyatakan di dalam hadis di atas, jelas menunjukkan kepada kita semua bahawa jawatan atau pangkat bukanlah untuk diminta-minta sehingga menampakkan sifat itu kepada masyarakat. Jelasnya, masyarakat amat jelik dengan sikap tamak haloba ini. Adakah dengan kemegahan sebagai seorang pemimpin akan membuatkan kita mulia di sisi Allah SWT? Pastinya tidak.

4. Sebagai seorang politikus juga, yakni lebih tepat apabila telah menjadi anggota sebuah kerajaan, golongan pemimpin ini perlu bertindak lebih bersederhana terutamanya dalam hal ehwal yang melibatkan keluarga mereka.

5. Pastinya tidak molek, apabila kerajaan melancarkan segala polisi dan dasar negara yang meminta rakyat untuk berjimat cermat, tetapi pada masa sama, kaum keluarga si Menteri tidak pula berbuat demikian.

6. Usah bicara tentang itu hak mereka, kekayaan mereka. Maka, mereka punya suka. Alasan ini amat tidak masuk akal. Ini kerana apabila menjadi pemimpin, tugas tunjang adalah untuk memimpin dan menjadi denyut nadi rakyat.

7. Kalau ada kesukaran hidup dalam kehidupan rakyat, para pemimpin sepatutnya berasa lebih susah hati memikirkan apa modus operandi yang mesti digunakan untuk membantu mengubah nasih rakyat jelata.

8. Kalau anda jadi kaya dan hidup senang lenang kerana anda seorang bussinessman berjaya, itu tak ada masalah. Masalahnya pada hari ini adalah kerana anda seorang pemimpim. Pemimpin kepada negara ini. Atas dasar itu, kekayaan kantung kaum kerabat tak boleh diutamakan.

9. Bukan untuk menuduh, tapi boleh dibuktikan di kala rakyat jelata berdepan masalah kos sara hidup yang meningkat, kaum keluarga Pak-Pak Menteri ini tidak berdepan masalah. D i kala harga minyak naik, anak-anak Pak Menteri tidak mempunyai masalah untuk memandu kereta-kereta mewah. Tak dikira lagi dengan sahsiah dan akhlak yang saling bercampur gaul silang jantina tanpa mengikut syarak.

10. Kita bukannya dengki terhadap kekayaan mereka. Tapi ingatlah ibrah yang boleh diambil daripada sirah Rasulullah dan para sahabat. Apabila mereka meninggal dunia sebagai Khalifah umat Islam, berapa harta mereka di kala itu.

11. Jika seseorang bersedia menerima amanah ini, barulah anda layak menjadi seorang politikus!

Cinta Itu Buta

Benarlah tika cinta sedang mengaburi hati

Segala prinsip boleh dilajak ke tepi.

Segala amalan yang dipegang selama ini

Hanya tinggal kata yang sudah tak dikotai.

Tarbiyyah yang didapati

Mudah saja diludah ke tepi.

Selalunya tak dapat menyangka,

Kerana cinta itu buta.

Kalau dulu teguh hijabnya,

Kini bagai sudah tak ingat dunia.

Arakian beruntunglah mereka yang menjaga cinta.

Cinta yang dipatri hanya keranaNya

Lawsoc 2010/2011

2010/2011 LAWSOC WELFARE SECRETARIAT ANNUAL REPORT

LAWSOC WELFARE SECRETARIAT’S ANNUAL REPORT

Bismillahirrahmanirrahim (In the name of Allah the Most Gracious and Most Merciful).

The Welfare Secretariat of Law Students’ Society (LAWSOC) has done several activities throughout this one year tenure since this secretariat has started its duty officially on December 2010. Our aim is to care and reach those in need. The duties of the Welfare Secretariat revolve around students condition and concerns in AIKOL. For that reason, our secretariat has organized welfare related programs to cater the AIKOLians’ need.

Being different compared to the other secretariat which have the jurisdiction to organize programs, our priority is to do welfare services to the students. As a result, we are not focusing on programs. The annual budget given to us is RM 10 since services are our priority. Alhamdulillah, praise be to Allah as all the programs have achieved its aims and objectives. These are the details of the activities throughout aone year tenure:

ACTIVITIES:

1. Petition for toilet repairing.

The toilet repair project was done based on the suggestions and complaints received form the students in collabration with the former SRC (Sister Izyan Syazwani). Petition to have AIKOL’s toilet to be renovated had been circulated to students.

This is intended to resolve the unsettled issue that is the toilet’s hygiene.

Remarks: We had succeeded in getting the AIKOL’s toilet refurbished within the targeted period.

2. Helping Pusat Darah Negara for blood donation programme.

Done in December 2010 and September 2011.

Remarks: We are helping by pasting the poster at AIKOL and also being a comitee at the event which held in Foyer Mosque.

3 .Petition for Female Musolla

Complaints made by lots of female students which did not satisfy with the condition of the female musolla which is not “closed” due to separation between the area of ablution and the musolla which makes the female students to be uncomfortable with the situation.

Remarks: AIKOL answered that they will build up new musolla.

4. Petition to change the date for final examination.

Several batch had asked for our help in changing the final exam date. 4th year and 3rd year.

5. New photocopy centre.

Complaints by the students about the old photocopy shop. We made a report to the Kuliyyah and Kuliyyah agreed to change to new tnder and make a new lot for a new photocopy centre (still in progress).

6. Donations

Donation was intended to give assistance to AIKOLians’ who are in needs so as to ease their burden. For instance in the case of death of a family member and accident. The other objective of this activity is to inculcate the sense of kindness and empathy among students as they helped their colleagues.

Recipients:

- Sister Auliya Syuhada binti Juperi

- Sister Syazana Abdul Rahim

- Sister Nalissa bte Zainal Abidin

- Sister Syarifah Habibah bte Syed Mustafa

-Sister Suzana Zainal Abidin

-Sister Nor Alia Kassim

- Brother Azrul Hisham bin Azman

- Helping in Donation for Aikol Fest Charity Walk

It has been our pleasure to assist others especially the Aikolians’ in any way we can. We are glad that all the students had involved in the programs that were held by our secretariat. Our responsibility is a `divine trust therefore we always try our best to care for the student’s welfare especially for those in trouble and difficulty.

May Allah bless all the efforts. And we also want to apologize from the Aikolians for our own mistakes and defects. Thank You. Syukran jazillan.

Wassalam.

"Your Welfare is Our Concern"

Muhd Danial Izzat b Zulbahari

EXCO

Welfare Secretariat,

Law Students’ Society (LAWSOC) 2010/2011,

International Islamic University Malaysia.

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 10^th 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

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

"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

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.

Ya Allah...

O Allah the Almighty
Protect me and guide me
To your love and mercy
Ya Allah don’t deprive me
From beholding your beauty
O my Lord accept this plea

Hasbi rabbi jallallah
Ma fi qalbi ghayrullah
My Lord is enough for me, Glory be to Allah
There is nothing in my heart except Allah