PAS Legal Unit in Terengganu have disagreed with their national legal bureau (LUHAM), insisting president Datuk Seri Abdul Hadi Awang and the Syura Council had not acted beyond their constitutional powers in unilaterally naming the candidates for Selangor mentri besar to the Sultan.
According to the Terengganu bureau, the supreme law in PAS is not the party constitution but the religion of Islam and its holy texts.
The party’s Syura Council, the bureau said, can overrule the decision of its highest authority, which is the annual congress, or muktamar.
It also said that the Terengganu chapter had not been present during the drafting of LUHAM’s statement released on September 9. The bureau previously said its official statement was made collectively.
Terengganu chapter statement was signed by Mohd Saifudin Othman (Chairman Luham PAS Negeri Terengganu), Fathi ‘Aziz Bin Abu Bakar (Chairman Juham Dewan Pemuda Pas Negeri Terengganu with their committee members Mohd Kamaruzaman Bin A Wahab and Mohd Zabidi Bin Yusof
“Under the PAS constitution, the council acts as ‘the guardian of Islam and constitution’, which allows it to supercede the decision of any bodies in PAS including the muktamar if such decisions go against PAS’ policies and Islamic moral code,” said the statement by the Terengganu LUHAM chapter.
“Therefore, the role of the council is as a ‘supervisory body’ to every organisation in PAS not just as a ‘referral body’,” it added.
“Under Article 8(1)(b), the council can issue orders and commands so that any policy and resolution is obeyed and implemented by any individual or body in PAS. This includes the PAS central committee.”it said