Tun Arifin visiting the Court Service Bureau counter before officiating the launching of the eJudiciary System at the Kota Baharu Courts Complex in Kota Baharu yesterday. — Bernama photo
KOTA BAHARU: The Federal Court leaves it fully to the wisdom of the members of Parliament to decide whether Kelantan is qualified to implement the private member’s bill on the hudud law in the state.
Chief Justice Tun Arifin Zakaria said the Federal Court will not interfere on any matter concerning the issue, however, it will discharge its responsibility as entrusted to it in the best manner if it is passed.
“We are the court, people make the law and we implement it. If it (the law) follows the Constitution, suitable to the Constitution, we will follow. We are the court. The others are policies. (Any) decision will be decided by the legislature.
“Legislature, executive, juduciary we separate them properly,” he said when met by reporters after officiating the launching of the eJudiciary System at the Kota Baharu Courts Complex, here yesterday.
Also present were the President of the Court of Appeal Tan Sri Md Raus Sharif, Chief Justice of Malaya Datuk Seri Zulkefli Ahmad Makinudin and Kota Baharu High Court Judge Datuk Azman Abdullah.
Arifin said there would be no duplication of law involving the powers of the Syariah Court which were subject to the state and the Federal Court under the jurisdiction of the Yang Di-Pertuan Agong if the law was to be implemented.
“Let’s say that ‘hudud’ is not called ‘hudud’, and is taken to Parliament (Dewan Rakyat and is passed), and becomes law. Even without the hudud label it can become law. Like the drugs (case), what is the law on it? What are their premises? Nothing.
“It becomes an issue just because it is called hudud,” he said.
PAS president Datuk Seri Abdul Hadi Awang, who is also the member of Parliament for Marang, had on March 18 submitted a notice to the Dewan Rakyat to table the Private Member’s Bill on hudud.
The bill was to amend the Syariah Court Act (Criminal Jurisdiction) 1965 to pave the way for the implementation of hudud in Kelantan.
The Kelantan State Legislative Assembly had earlier passed the Syariah Criminal Code II Bill 1993 (Amendment 2015), or hudud on March 19. — Bernama