30 Sep '11, 6am

Press Release: Hudud cannot be implemented within the current constitutional and legislative

Hudud , being essentially penal laws, comes under the jurisdiction of the Federal Parliament. The Ninth Schedule of the Federal Constitution lists criminal laws and procedure, as well as internal security and public order, under the Federal list. Such matters thus fall under the jurisdiction of the Federal Parliament, and not the individual State Legislative Assemblies. In Che Omar Bin Che Soh v Public Prosecutor [1988] 2 MLJ 55, the then-Supreme Court held that laws in Malaysia do not have to conform to Islamic principles, and confirmed that Malaysia is a secular state. Taking this principle, if hudud were brought into the criminal justice system, it would result in the importation of Islamic penal laws into laws that are secular, which is wrong in law. Based on media reports, it would appear that hudud, if implemented in Malaysia, would only apply to Muslims and not to n...

Full article: http://www.malaysianbar.org.my/press_statements/press_rel...

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