Thesun 2009-01-12 Page12 Mcas Clear Stand On Hudud

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speak up!

theSun

| MONDAY JANUARY 12 2009

Called to account by Petra Gimbad

RECENTLY, someone referred me to an article by a lawyer who represented Raja Petra Kamarudin in court. His narration of a conversation that ensued when he met Umno members for coffee was interesting and enjoyable for its easy-to-read manner. He was asked what he thought the party needed to change to regain political clout. I cannot do justice to his reply and suggest that you read the article on his blog, Articulations. After reading his article “Umno needs to change”, three things came to mind. The first thought: our political landscape is still shifting, months after our 2008 elections. It is encouraging that our leaders are calling their political conduct into question. Some of them have been accused of arrogance. In the end, our political parties – all of them – rely on our backing. Which brings citizens to their responsibilities: to keep working for what is right and to continue educating decision-makers on what matters to us as a country. The second thought: to think deeply about what is happening at the moment. Karl Jaspers said: “Weder dem Vergangenen anheimfallen noch dem Zukünftgen. Es kommt darauf an, ganz gegenwärtig zu sein.” A German friend translates this to mean, “Neither fall prey to the past nor the future. It is important to be fully present.” Therefore, we have to look at what is happening now and decide what to do. While opportunities are present, we cannot waste our chance to make changes. More needs to be done. We need to continue calling our leaders to account. It may

not hurt either changes. to question ourWhich brings selves. us to the third Upon reflecthought: many tion on what we criticise political have achieved in figures quietly the past year, it for falling in with is painful to adparty lines. But mit that much of underlying that, what was wrong we do in fact apin 2007, continprove of not quesues during these tioning leadership few days of 2009. Freespace and cherish too One is, however, Where young views rule closely the keepgrateful for the ing of short-term 2008 elections – in spite of peace at the expense of our alleged corruption, Parlialong-term good. Many of ment now enjoys a more us choose to do so in our balanced representation. professional lives outside It struck a few months the political sphere. later that in spite of everyOtherwise, those who thing, Malaysians last year represent us could not never had to worry about have escaped in the past for and plan in anticipation of not speaking out. Neither violence that might occur, would those who practised the way the government diversity in opinion have and the UN did in Cambosuffered the repercussions dia. Ten thousand Khmer they did. The ability to stay Rouge soldiers were ordered mum remains a common to stop voters. Hundreds habit. That has to go. We of journalists stood by to can speak up in a manner record the violence. that is respectful when it is One account tells the needed, for those we love or story of how prison inmates for those who lack a voice. – murderers and rapists Being a citizen who cares is included – came forward not synonymous with burnto vote that day. Even those ing street objects or shouting whom we fear embraced obscenities at ministers. their responsibilities. I am grateful for being a This is an interesting citizen of a country that does contrast to local non-voters not behead its journalists or who chose not to act out of establishes rape camps for the belief that nothing can genocidal purposes. This change. But one is grateful country contains people that we did not have to fear – not too few, one hopes a Khmer Rouge last year the – who are willing to give way Cambodians once did. their all so that we will Malaysians are not never have to come to that. known for being passionAll countries carry the ate readers. Our education seeds of war, rape and system and the manner ethnic and religious based in which society raises us genocide, to be committed contributes to a collective in atrocious manner beyond lack of love for knowledge. most of our imaginations. Which perhaps explains our While we are able, we must myopia: when we complain never come to that. about our lot, there is barely any awareness of how in The writer aspires to spite of our issues, we are read all of Hannah Arendt’s better poised than some books. Comments: letters@ other countries to make thesundaily.com.

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MCA’s clear stand on hudud SADLY each time an election comes, the issue of hudud is resurrected. To me, the Federal Constitution guarantees every citizen the right to profess and practise his religion. This means no person shall be subjected to any religion-based law other than that religion he chooses to profess and practise. MCA will preserve, protect and defend this right. On the other hand PAS will always raise hudud because it is an Islamic party. But the reality is, it will need to first amend the Federal Constitution. Briefly, under the Federal Constitution, Schedule 9 List II, paragraph 1 says that states have the authority to create and punish offences by Muslims against precepts of Islam except in regard to matters included in the Federal List. This means that any matter assigned to the Parliament is outside the legislative competence of the states. Therefore

the states are not permitted to enact hudud laws on federal Penal Code offences such as theft, robbery, rape, murder, incest, unnatural sex even though these crimes are against Islam. Second, Schedule 9 List II, paragraph I, also says that, Syariah Courts have no power to apply hudud to non-Muslims. Third, the jurisdiction of Syariah Courts is not inherent but must derive from federal law. The implication is that the states and Syariah Courts have jurisdiction ONLY over such Islamic offences as are not dealt by federal law like consuming alcohol, not fasting, zina, khalwat and missing Friday prayers. Fourth, there is a constitutional problem of enforcement, arrest and detention of Syariah offenders. States are entitled to set up their own enforcement units. However, if they seek

help from the police there is a legal dilemma that needs to be resolved as the police are governed by federal laws. Fifth, police, prison, reformatories, remand homes and places of detention are in the Federal List. It is submitted that state-run rehabilitation centres for aqidah offenders or murtads are outside the power of the state authorities. Malaysia is a secular country as provided by the Federal Constitution. The stand taken by the new leadership under Datuk Seri Ong Tee Keat has been clear and consistent: MCA respects Islam as the official religion. MCA will stand by the Federal Constitution. If there is an attempt to amend the Federal Constitution to incorporate hudud, MCA will challenge it vigorously. Tan Foong Luen Negri Sembilan MCA Legal Bureau Chief