Worldwide examples show hudud law will turn civil laws into a theocratic state

When Pakistan gained its Independence in 1947, it was not a theocratic state. However, certain directives were written into the Constitution to require the Government to promote the cause of Islam. Islamisation that began under the regime of its President and Chief of Army Staff General Zia-ul-Haq had expanded the scope and operation of Syariah in Pakistan.

On 9th October 1998, the Constitution of Pakistan was amended to provide that in the event of a conflict between the Quran and the provisions of the Constitution, the Quran shall prevail. The effect of a theocratic state is to give preferential status to the official religion. In fact the government and laws of the country are to be regulated by the legal dictates of the religion.

When the Federation of Malaya achieved Independence in 1957, the Malays, Chinese and Indians political leaders had no problems because they upheld and honoured the Constitutional bargain. The nature of political parties, the Alliance coalition government, the democracy and the multiracial life was crystallised in the Federal Constitution.

The impact of the Iranian Revolution in 1979 sparked Islamic revival movements in many Muslim majority nations. The goal of Islamic revivalism is the Islamic theocratic state. There are two stages in the Islamic struggle. The first is Islamisation. This refers to the infusion of Islamic values into the administration and public life.

In 1982, Islamisation programmes were introduced in Malaysia. In Malaysia, various state ordinances have declared a list of proscribed words which are to be used only by the Islamic community and not by other religions. These ordinances infringe upon the legitimate expression and practices of religious communities. In Malaysia, most of the states have passed laws to make it an offence for non-Muslims to send religious materials to Muslims.

Today, PAS has 32 ADUNs in the Kelantan state legislative assembly and UMNO has 12 ADUNs. What type of signal is the Kelantan state assembly sending to Malaysian citizens? The moderates must rally to reject this new brand of political Islam and be pragmatic taking into consideration the multiracial and multi-religious facet of our country.

There will definitely be a crisis when the legal institutions are shaped to conform to a particular religion. Such a new state cannot be a welfare state as propagated by Pakatan.

In the Pakistan experience, the state amended the Penal Code after they amended their Federal Constitution to reflect the new ethos. It is highly possible after 18 March 2015, new developments and events will change the constitutional bargains as agreed by the founding fathers of this nation.

We appeal to the Kelantan state Assembly to uphold and honour the Federal Constitution.

It is indeed dangerous to mix politics and religion in a multi religious. Such a move is totally unfeasible. For 58 years, Malaya and thence Malaysia have been guided by the Federal Constitution which was heavily debated in the drafting stage before it was enacted to protect the rights of all Malaysians. Why alter something that is unbroken?

Datuk Koo Chin Nam

MCA Syariah Law & Policy Implementation Special Task Force