As a result of the rebuff by the nine-member council earlier this month, Kelantan had to go about using a Private Member's Bill to try to introduce changes to a federal law that are necessary if hudud is to take effect in the state.

The proposal was put to the rulers' council by Jakim, a federal Islamic agency, after discussions between representatives of United Malays National Organisation and Pan-Malaysian Islamic Party (PAS) in an unusual joint effort between Malaysia's ruling party and the Islamist opposition party, which runs Kelantan.

The agreement was thrashed out at a little- known hudud technical committee set up last year to promote the implementation of the criminal code in the state.

But the rulers' council rejected it on March 11 when it was put forward to them for endorsement by Jakim, as the rulers felt it encroached on their constitutional authority as heads of religion in their respective states.

"The rulers wanted to know why the states were not put in charge of Islamic issues and felt Jakim, a federal body, was taking away their power," a source told The Straits Times.

The amendments to the Syariah Courts (Criminal Jurisdiction) Act would have allowed Islamic judges to mete out punishments such as amputation and stoning.

After the royal rebuff, PAS president Abdul Hadi Awang submitted a Private Member's Bill on March 18 in an attempt to get the federal law changed.

PAS central working committee member Khalid Samad told The Straits Times that some party leaders were told in a meeting that the Council of Rulers' rejection of Jakim's proposal was why the Umno-led government decided against bringing the Bill to Parliament.

"Because the federal government couldn't bring it, they want us to bring it, promising they will give us the support. But I'm sceptical they will support the Bill because they will not want to lose favour with the Council of Rulers," the PAS MP said.

Despite Umno assemblymen voting in favour of the hudud Bill in Kelantan's state legislature a week ago, Umno's president, prime minister Najib Razak, has yet to make clear whether his party will support the Islamic criminal law.

He is under tremendous pressure from non-Muslim coalition partners to oppose any hudud legislation.

PAS' push for the Islamic penal code is geared towards winning back Malay support, which has slowly ebbed since the party had 23 MPs and three state governments in 2008, shrinking now to control of just 21 parliamentary seats and its stronghold of Kelantan.

Hadi is also facing the stiffest challenge to his 13-year leadership of PAS ahead of party polls in June.

But analysts said that while Hadi may fail in making hudud a reality, "it wouldn't be much of a blow" as he can claim to have "done their responsibility of trying".

"His Islamist credentials would be strengthened," Ibrahim Suffian of opinion pollsters Merdeka Centre told The Straits Times. (***)

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