Dr Mahathir's letter to Kelantan in 1994 was merely advice on hudud's implementation - Datuk Zaid Ibrahim
KUALA LUMPUR: Prominent lawyer Datuk Zaid Ibrahim said hudud can only be implemented in Malaysia if it replaces the current Penal Code and this, in effect will make it applicable to all regardless of their faiths.
The president of KITA said this in refuting Pas Mursyidul Aam Datuk Nik Abdul Aziz Nik Mat's contention that hudud would be applicable only to Muslims.
Zaid said under the present situation, Zaid said, hudud could not be implemented in just one state in Malaysia nor be made applicable only to Muslims since it is a set of criminal laws.
"Rather, it could only be implemented if it were to replace the current Penal Code," he added.
Nik Aziz, in an update at his Facebook page earlier today, had said:
When contacted by The Mole today, Zaid said implementing hudud would require fundamental changes to the Constitution and the criminal laws of the country, and these were beyond the power of the state legislative assemblies.
"These (hudud laws) are not something like marriage and divorce laws, which are personal laws and therefore the states in the Federation are competent to legislate. Hudud, if implemented, must be a federal law that is passed by Parliament and be made applicable to all," Zaid said.
He also criticised Nik Aziz and other Pas leaders for not being truthful and sincere about the real reasons why hudud could not be implemented at present.
Zaid also said it was wrong to conclude that a letter, which was sent by then Prime Minister Tun Dr Mahathir Mohamad to the Kelantan government in 1994 as the real obstacle towards the implementation of hudud in the state.
Last week, Nik Aziz had blamed the letter as being the reason why hudud could not be implemented in Kelantan after it was approved by the state legislative assembly in 1993.
On Twitter today Zaid said:
In elaborating, Zaid said Nik Aziz was not being truthful about the real content of the letter.
"Dr Mahathir was only stating the general facts about hudud in the letter. He was correct in pointing out that its proposed implementation in Kelantan was contrary to what is specified in the Federal Constitution," Zaid added.
In a post at OutSyedTheBox today, blogger Syed Akbar Ali said Nik Aziz had purposely misled the public in concluding it was Mahathir who had prevented Kelantan from implementing hudud after the law was passed by the state's legislative assembly in 1993.
Syed Akbar, who provided a link to the letter, said the Pas spiritual leader did not really want to implement hudud despite his public stance and was just trying to place the blame on someone else.
"In their utter confusion, the confused are peddling more confusion to confuse the confused," Syed Akbar said.