SEREMBAN: The Kelantan Syariah Court chief judge Datuk Daud Muhammad was wrong in declaring Kuala Krai member of parliament Dr Hatta Ramli’s divorce with his wife, a senior Parti Amanah Negara (Amanah) leader said today.
Negri Sembilan Amanah chairman Zulkefly Mohamad Omar said this was because Dr Hatta’s act of breaking his ‘bai’ah’ (oath of allegiance) with Pas had not yet been brought to court.
Zulkefly said the judge did not have the right to pass judgment on Dr Hatta’s marital status before the matter was in court.
“I think Daud’s decision was based solely on Kelantan menteri besar Datuk Ahmad Yaakob’s announcement (on Wednesday) and not facts.
“The chief judge should review the oath itself and the situation during which the oath was made before passing judgment.
“Besides, muftis from various states have issued statements declaring that the oath is not valid,” Zulkefly told reporters during a press conference here today.
Ahmad, who is also Pas deputy spiritual leader, had said Dr Hatta’s marriage was dissolved after the latter breached a ‘bai’ah’ (oath of allegiance) by leaving Pas and joining breakaway party Amanah.
Daud on the same day had confirmed the divorce, saying there was no possibility of reconciliation unless Dr Hatta’s wife married another man and the new husband later divorces her willingly.
Zulkefly also said the “automatic divorce” imposed on Dr Hatta's wife, Dr Kalsom Maskon, was both unfair and unjust.
“Dr Hatta's wife is not involved in politics; the divorce is a punishment for a crime she did not commit. It is very unfair,” he said.
Zulkefly also questioned Pas’ motive for raising the issue now, as the Islamic party remained quiet when former Pasir Mas MP Datuk Ibrahim Ali quit Pas in 2008.
In Kota Baru, Kelantan Amanah chairman Datuk Wan Abdul Rahim Wan Abdullah said the oath in question, specifically the ‘bai’ah talak tiga’, was not enforceable.
“We have referred it to ulama both locally and overseas and they have told us that the taklik (conditional divorce) talak tiga is unenforceable,” he said.
Wan Rahim, in a related matter said several elected representatives including state assemblymen have shown their interest to join Amanah and were expected to join as members after the party’s launch on Sept 16.
“The first move is expected to made by (Salor assemblyman) Datuk Husam Musa, who is presently recuperating from a sickness, next month. The others may be waiting for the right time to announce their decisions," said Wan Rahim when contacted yesterday.
Husam, a former Kelantan state executive councillor failed in his attempt to defend his vice-presidency post at the Pas muktamar in Kuala Selangor, Selangor in June.
Meanwhile, when contacted yesterday deputy Kelantan mentri besar Datuk Mohd Amar Nik Abdullah said the party did not have any information on other elected representatives abandoning the party and joining Amanah besides Dr Hatta.
“There may be others who are going to leave Pas and join the new party but they are not saying it openly like Dr Hatta. We can only take action against those who have joined the breakaway party," he said.
Amar said he was confident that no assemblyman would leave the party in the near future as members of the state backbenchers have pledged their oath of allegiance to the menteri besar at a meeting here recently.
He said Husam who was recuperating from an illness did not attend the meeting.
On Dr Hatta's claim that the oath was unenforceable as he had checked with ulama locally and overseas, Amar said it was up to Dr Hatta to accept or reject the decision.