IPOH: The Federal Constitution cannot simply be amended to allow for the implementation of hudud even if the amendment was proposed to be passed with a two-thirds majority.
This is because the Constitution's basic founding structure was based on secularism and not theocracy.
Malaysian Bar constitutional law committee member Nizam Bashir Abdul Kariem Bashir said because of the "basic structure doctrine", the Constitution could not be amended "whimsically" to cater for hudud.
He said it was underlined in the Constitution that the supreme law of the land was based on secularism or part secularism, although Article 3 stated that Islam was the religion of the federation.
"The comment by the Reid Commission with regards to formulation of Article 3 means that although the article says that Islam is the religion of the federation, it does not imply that Malaysia is not a secular state.
"Then we have the 1988 Supreme Court decision in the case of Che Omar Che Soh vs Public Prosecutor which confirms the very same view."
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Talk on Summary Judgement (25 May 2012) Organised by the Selangor Bar Committee, this talk will take place at 5:00 pm, at the Selangor Bar Committee Auditorium, on 25 May 2012 (Friday). The talk will be conducted by Ramesh Supramanian. Click on the link above for more details.
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4th LAWASIA Family Law Conference, Penang (13 and 14 July 2012) Supported by Penang Bar Committee and the Malaysian Bar, this conference, themed “The New Global Family: Emerging Trends and Challenges to Family Practice”, will take place at Traders Hotel, Penang, on 13 and 14 July 2012 (Friday and Saturday). Click on the link above for more details.
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