“There is nothing more dangerous than a desperate man who has nothing to lose.”

- Ethical hacker Rafay Baloch.

QUESTION TIME Prime Minister Najib Abdul Razak’s move to work with opposition Islamist party PAS to bring forward the tabling of a private member’s bill to pave the way for hudud is a desperate act by a desperate person in a desperate situation.

It is dangerous because in an all-out move towards self-preservation as the noose tightens over the 1Malaysia Development Bhd or 1MDB issue, Najib is throwing overboard time-honoured consultation processes with long-time coalition partners in BN in favour of what appears to be a budding alliance with PAS.

Not just that, it will lead to increasing religious and hence racial polarisation in the country as non-Muslim political parties prepare to oppose the private member’s bill tabled by no less than PAS president Abdul Hadi Awang at the next session of Parliament.

But dangerous as it is in terms of how it could split the country down the middle, initial numbers indicate that it could pay off for Najib going by current parliamentary seats and the parties that hold them, although the outcome is by no means certain.

If the bill is passed, it paves the way for enhanced sentences under hudud laws which will impinge on the current penal code. The Kelantan state legislative assembly last year unanimously passed a hudud bill - it included Umno representatives backing the bill.

The current bill that Hadi is proposing will effectively mean that states can enhance punishment under syariah laws, stopping short only of the death penalty. The bill, its introduction and implications are discussed in detail and dispassionately in this excellent article by Sungai Siput MP Dr Jeyakumar Devaraj.

Effectively, if the bill is passed, it will pave the way for introduction of hudud-like laws in Malaysia, although it will only apply to Muslims. It could conceivably include amputation of limbs for robbery and mark the unprecedented application of syariah law to criminal offences.

That Umno is in league with PAS over this move was clearly indicated when the motion for the introduction of the bill jumped queue 14 places up, from 15th place to number one. The introduction was announced by Minister in the Prime Minister’s Department Azalina Othman Said, a move that could not have been done without approval from the top.

BN component parties were caught unawares by this move last Thursday, and some of them have vociferously opposed the bill. They include the MCA, MIC, Gerakan and SUPP who have threatened to pull out their ministers from the cabinet, while some Sabah and Sarawak parties are saying it goes against the Malaysia Agreement. Indeed the bill, if passed, may be against the constitution which guarantees equal application of the law to citizens in criminal matters.

Nine votes short

The question is why is Najib risking long-standing arrangements with component parties and going against many moderate Muslims too by paving the way for the introduction of hudud provisions, albeit by the back door, into Malaysia?

That must come down to the question of how Umno and Najib can ensure victory in the next general election given all the problems, especially those related to 1MDB, that Najib is facing now.

An active courtship with PAS may eventually result in a marriage of sorts between Umno and PAS and the attraction that Umno is throwing PAS’ way is to pave the way for hudud. With Umno and PAS voting for the amendment bill, there will be 103 MPs for (Umno’s 88 and PAS’ reduced number of 14 by the defection of seven MPs last year, six to Amanah and one to PKR).

It just needs nine more from other Muslim-based parties from Sabah and Sarawak, and a simple majority of 112 is achieved in a House of 222 seats. Given that staunch ally PBB in Sarawak has 14 seats, that seems easily doable. Thus, it is a near given that the vote for the bill will be passed even with all PKR and Amanah MPs voting against.

If the amendment bill is passed, then the numbers will be similar for the next elections, or so it can be argued. Umno, as some people have maintained, does not need the non-Malay and non-Muslim vote to stay in power if it aligns itself with PAS and other Muslim parties.

That will leave the non-Muslim parties now within BN to contemplate their fate - abandon BN in favour of the opposition which may not win an election yet again, or stay on in BN and accept a reduced role and representation.

Najib’s people have done their numbers but they may not have taken everything into account - the sands can shift, PAS’ support and the number of seats may fall without non-Muslim support. PBB has at least five Christian MPs who may not toe the official line. Sarawak has about equal numbers of Muslims and non-Muslims, while Sabah has a sizeable non-Muslim population and representation.

While the eventual outcome is uncertain, much is being put at risk - religious and racial harmony, agreements, constitutional safeguards, the very concept of Malaysia itself, the Malaysian way of life and most of all the surrender of personal choice, interpretation and belief to religious bigots.

What better way is there for Najib than to rally the Malays and other Muslim bumiputeras around Islam even if it takes us from moderation to extremism so long as it keeps him in power?

That Najib, who has never struck anyone as being ever particularly religious, has resorted to this to remain in power is a reflection of his desperation. And PAS’ own flirtation with a dishonourable Umno to push forward an Islamic agenda reflects yet another form of desperation.

Former editor P GUNASEGARAM is now an independent consultant, trainer and writer. Contact: t.p.guna@gmail.com.