“DAP’s highest leadership will discuss the DAP’s course with Pakatan Rakyat in its Central Executive Council (CEC) meeting after being stabbed in the back by Kelantan PAS today,” said Anthony Loke today.

DAP intends to review its future direction in Pakatan Rakyat following the Kelantan State Government’s move to table amendments to the state’s hudud bill in the Kelantan State Legislative Assembly today, a move deemed as PAS taking a “stab-in-the-back” at the six-year-old Pakatan Rakyat coalition.

The party’s National Organising Secretary Anthony Loke issued a tersely-worded statement highlighting that the amendment to the Shariah Criminal Code II (Enactment 1993) today contradicted a decision made during the Pakatan Rakyat Leadership Council meeting on 12 March to redraft the Hudud Bill.

“DAP strongly opposes PAS Kelantan’s going against the decision of the Pakatan Rakyat Leadership Council meeting on 12 March 2015 which is an act of provocation to break-up Pakatan Rakyat,” the Seremban MP said.

He said that the DAP has been consistent with its stand that the Syariah criminal code enactment (Hudud) runs counter to the Federal Constitution and is unsuitable in the context of a multicultural Malaysia.

“DAP’s highest leadership will discuss the DAP’s course with Pakatan Rakyat in its Central Executive Council (CEC) meeting after being stabbed in the back by Kelantan PAS today.”

Loke said that despite DAP’s commitment to Pakatan Rakyat, there were certain quarters in PAS who were more interested in “handing a lifeline” to UMNO to save them from the numerous corruption scandals recently exposed.

“Pakatan Rakyat will not succeed in toppling Barisan Nasional as long as we have ‘enemies from within’ who turn their backs on consensus and dance to the tune of UMNO,” he added.

“ Today is DAP’s 49th anniversary, a party which has fought with the rakyat especially the oppressed and marginalized. However, on DAP’s anniversary, it receives a ‘gift’ in the form of arrogance and snobbishness from some of the conservative factions in PAS which had initially backed the Pakatan Rakyat agreement (common policy framework) outlined eight years ago,: says Teo Kok Seong

Rasah MP Teo Kok Seong also weighed in on the issue, saying that the amendment is merely a political game which has nothing to do with the needs of the people.

Teo, who is also the DAPSY Youth Chief expressed disappointment with the rushed move by PAS that was made without seeking a collective consensus from Pakatan Rakyat’s leadership.

“Today is DAP’s 49th anniversary, a party which has fought with the rakyat especially the oppressed and marginalized. However, on DAP’s anniversary, it receives a ‘gift’ in the form of arrogance and snobbishness from some of the conservative factions in PAS which had initially backed the Pakatan Rakyat agreement (common policy framework) outlined eight years ago,” he said.

He also added that DAPSY’s executive committee will hold a meeting to discuss its cooperation with the PAS Youth Executive Central Committee.

Kelantan Menteri Besar Ahmad Yakob tabled the amendments to the 1993 enactment earlier this morning, but state legislators will continue debating the bill tomorrow, after which a vote would be taken.

According to news portal Malay Mail Online, State Assemblyman for Tawan Hasan Muhammad reportedly said that Kelantan is “trying to emulate the success” of the Nigerian state of Zampara in implementing Hudud. Nine other provinces followed suit after the move by Zampara.

“Kelantan wants to be like Zampara. Maybe hudud can start in Kelantan and later other states would follow,” Hassan was quoted as saying.

However, international watchers say that the Syariah criminal code in Nigeria has done little to counter corruption or to alleviate the burdens of the people.

At the expense of equal partners in Malaysia

“If it was made clear then Sabahans will face Syariah criminal law in Kelantan by forming Malaysia, I think Sabah would have surely chosen to stay under British or go independent in other ways over the option of Malaysia,” said Chan Foong Hin today

Apart from PAS not complying with the Pakatan Common Policy Framework, DAP leaders also say Hudud law implementation would go against the spirit of equal partnership contained in the Malaysia Agreement of 1963.

“Hudud is not about a personal religious practice involving Muslims only, but it is a matter of political system involving all Malaysians. The Ninth Schedule of the Federal Constitution categorically places Civil and criminal law and procedure and the administration of justice under Federal List.

“If any state level Hudud Law is allowed, it is a blow to Federal Constitution, as it places the particular state (Kelantan) more superior then other state as the power on criminal justice under Federal List transferred to State List, without consultation by other states,” said Sri Tanjong Sabah Rep Chan Foong Hin.

In an open letter to Parliament Lower House Speaker Pandikar Amin today, Chan said that the rights and privileges of Sabahans and Sabah as one of the three “nations” forming Malaysia in 1963 must be defended, and not be compromised – not only in Sabah, but in all states in Malaysia.

“We Sabahans never signed up for a theocratic federation — in full or in part — in 1963,” he added, saying that one the Hudud amendments are approved and passed, other states might follow suit.
He said that criminal justice is categorically a Federal power under the Ninth Schedule of the Federal Constitution.

“If it was made clear then Sabahans will face Syariah criminal law in Kelantan by forming Malaysia, I think Sabah would have surely chosen to stay under British or go independent in other ways over the option of Malaysia,” he said.

According to Chan in his statement today, Sabahans travelling to Kelantan would be subjected to Hudud law in the following situations;

1 )If Sabahan – regardless of faith — fell prey to thefts, robberies, bodily harms included attempted murder and manslaughter in Kelantan committed by Muslims, their cases will be tried in the Syariah court, and not Common law Court.

2) Sabahan crime victims cannot be the witness in court for their own case if they are non-Muslim, women, under-aged Muslims or Muslims with questionable religious conducts. (Section 41 of the Code)

3) If Sabahan Muslims are accused of stealing or robbing of anything worth more than 4.45 gram of gold (about RM 610 at current price), they will be tried in Syariah Court and may face the punishment of amputation.

4) All Sabahan Muslims who are convicted of adultery or sodomy in Kelantan may face death penalty by way of stoning. [Sections 10, 11(1) and 16]

5) All Sabahan Muslims who are convicted of drinking in Kelantan may face 40 to 80 lashes [Section 22]

6) All Sabahan Muslims who are convicted of undermining or opposing the Islamic faith (menjejaskan atau berlawanan dengan ‘aqidah ugama Islam) through actions or expression may face death and his/her property may be confiscated.

He added that constitutional amendments involving division of power between federal and state governments should only take place with the consent of both Sabah and Sarawak as stipulated in Article 161A of the Federal Constitution. This not only requires the bill to be passed by way of a two-third majority in Parliament, but the concurrence of Sabah and Sarawak Governors.

“If Kelantan — which unsuccessfully opposed the formation of Malaysia through a constitutional challenge in 1963 — insists that the state can do anything it likes with the consent of Putrajaya and makes itself higher than other states especially Sabah and Sarawak which are on par with the entire Malaya, it should consider leaving Malaysia.”

“Instead of Sabah Sarawak Keluar Malaysia (SSKM), Kelantan Keluar Malaysia (KKM) will be more apt,” he said.

-The Rocket