The argument that implementing hudud will create two sets of criminal laws in the country is not valid, as such a dual system has already existed for decades, said PAS.

PAS legal bureau chairperson Mohamed Hanipa Maidin was responding to Gerakan's legal notice yesterday to challenge the former's intention to submit a Bill in Parliament to implement hudud law in Kelantan.

"Gerakan's allegation outlined in the notice to PAS, that implementing hudud would result in the existence of two systems of criminal justice in the country is, with due respect, an allegation that is rash and baseless.

"It also shows they do not understand the procedures of criminal systems in this country," he said in a statement today.

Hanipa (right) said "for Gerakan's information", two criminal justice systems namely civil law and syariah law, has existed "since the time the federal constitution was created".

"Since early on this country and our constitution has endorsed two criminal systems, that is (civil) offences are to be heard in the civil court and syariah offences in the syariah courts.

"Therefore whether there is hudud or not, the fact is this country has already got two criminal systems and this is provided for under the federal constitution," he argued.

Therefore, he said, it is Gerakan's argument that goes against the constitution.

'Better to protest PCA, Sosma'

Kelantan passed the Syariah Criminal Enactment (Hudud) 1993 at its state assembly that year, but the federal government had allegedly blocked the state from implementing it.

In 2012 PAS spiritual leader Nik Aziz Nik Mat wrote in his blog former PM Dr Mahathir Mohamad had sent an official letter over the matter.

Hanipa urged Gerakan to first study the hudud laws thoroughly before objecting, quoting Alexender Pope's saying, "A little knowledge is dangerous thing."

He also shot back at Gerakan for not opposing "cruel and draconian laws" passed by the BN such as the Sedition Act, the Printing and Printing Presses Act, the Prevention of Crime Act "and many more".

"I hope Gerakan acts consistently," he said.

"Does Gerakan know that there is no such thing as detention without trial under hudud?

"Instead, Islamic laws are fairer, in that it is better for a judge to erroneously release 10 people, than to detain one person who is not guilty?" said Hanipa.

DAP: Get with the times, PAS

Meanwhile DAP’s Kulai MP Teo Nie Ching in a statement today also maintained that "it is impossible to have two different criminal law systems in one country".

“Stealing is a criminal offence and a convicted thief should be punished under the same criminal legal system, no matter where the offence was committed,” Teo said.

She said that Kelantan PAS must realise that hudud is “unconstitutional” and is not suitable for Malaysia’s multi racial society.

She also cited how Brunei has postponed implementation of hudud law despite having passed it last October.

“It is time for Kelantan PAS to look around the world and understand that to implement hudud in Kelantan is unconstitutional, and is not suitable for a multiracial and multi-religious society like Malaysia,” she said.

She added that Kelantan's enactment was passed long before the Pakatan coalition was formed.

"It is 2014 now, and PAS together with DAP and PKR have formed a coalition named Pakatan Rakyat.

"During GE13, a vote for PAS was also a vote for DAP and PKR, and vice versa."

"The statement made by the Deputy Kelantan Menteri Besar Mohd Amar Nik Abdullah that the consensus of the opposition coalition not to implement hudud was only with regard to the national context cannot hold water," she said.