The planned Brunei-style Shariah laws, with provisions to introduce hudud, could be implemented under
In a lengthy speech yesterday on
"Parliament may choose whatever punishments to be provided for criminal offences, including punishments according to Shariah. If done that way, they may be extended to Muslims and non-Muslims alike.
"Criminal law is under the jurisdiction of the civil courts. Civil courts have jurisdiction over Muslims and non-Muslims alike.
"For Parliament to make such law, no amendment to the Constitution is required and the bill can be passed by a simple majority. This situation is comparable to the law on Islamic banking and finance and takaful," he said.
Abdul Hamid, who retired as the nation's top judge in
Abdul Hamid, who is also a sitting member of
He made the above remarks as to whether such a move could be made in
"Many people think that since the offences are hudud and qisas offences according to Shariah and 'Islamic law' which is under the jurisdiction of the State, therefore
He noted that some of those offences lie within federal and civil courts' jurisdiction, hence, if they are made state law, clearly they are unconstitutional, null and void.
"We often hear people saying that the law will be made applicable to Muslims only. Again, this is only partially right," he said, citing three reasons.
"Criminal law is a public law. The offences are offences against the state, not just against the victim. That is why it is the public prosecutor who prosecutes, on behalf of the State," he said.
When drawing his conclusion on the move, he said: "In my view, any law, no matter how good it is, if it is implemented without proper preparation, without taking into account the relevant factors or implemented inefficiently or unprofessionally, may lead to injustice. Good intention alone is not enough. Technical know-how, expertise and discipline are among the factors essential for the success of the implementation."
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