States that enact religious laws based on Islam are not in breach of the Federal Constitution, as they have the power to pass such legislation. Problems, however, arise after they do so.
Former Lord President Mohd Salleh Abas said the legislating of the hudud and qisas codes by Kelantan and Terengganu was done in accordance to Article 11 of the Constitution, which allows all states the right to manage religious affairs.
This means the states can adhere to their religious duties which, among others, include enacting hudud and qisas laws as required by the Quran and traditions of Prophet Muhammad.
The Jertih state assembly representative said this in an introductory speech at a three-hour dialogue on hudud and qisas in Petaling Jaya last Sunday.
The event, which drew some 400 participants, was organised by the Malaysian Islamic Society of North America (Misna) Alumni, an NGO which aims to spread the teaching and philosophy of Islam.