PROHAM urges all political parties to uphold the Federal Constitution of Malaysia.
The Federal Constitution is the supreme law of the Federation and Article 4 provides that any law passed after Merdeka which is inconsistent with the Constitution, shall to the extent of the inconsistency, be void.
Article 74 provides that the Malaysian Parliament may make laws with respect to any matters enumerated in the Federal List or the Concurrent List (i.e the First or Third List) set out in the Ninth Schedule. The Legislature of the State may make laws with respect to any of the matters enumerated in the State List (i.e the Second List) or the Concurrent List.
Further Article 75 provides that if any state law is inconsistent with the federal law, the federal law shall prevail and the state law shall, to the extent of the inconsistency, be void.
Public Order, Criminal Law and Creation of Offences in respect of any matters included in the Federal List come within the First List of the Ninth Schedule and hence totally within the jurisdiction of Parliament. The State Legislature cannot pass such laws.
Therefore, the recent passing of the Syariah Criminal Code II 1993 (i.e the Hudud Law) is ultra vires the Constitution and hence, void under Article 4 and Article 75 of the Federal Constitution.
Further, the said Hudud Law is in breach of Article 8 of the Federal Constitution which guarantees equality and non-discrimination.
In view thereof, PROHAM urges all members of the State Legislature and members of Parliament to uphold and respect the Federal Constitution being the supreme law of Malaysia.
Issued by Datuk Kuthubul Zaman Bukhari (Proham Chairman)
March 20, 2015