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When three Perlis state assemblymen signed statutory declarations rejecting their Menteri Besar recently, they set in motion a clash between religious obligation and constitutional right that goes to the heart of Malaysian politics.
PAS has sacked all three—Saad Seman of Chuping, Fakhrul Anwar Ismail of Bintong, and Ridzuan Hashim of Guar Sanji—effective immediately, insisting they must resign their seats for violating a sacred oath.
But under Malaysia’s constitution, they don’t actually have to.
PAS candidates take a bai’ah—a religious oath invoking God’s name three times—pledging to resign if they leave or are expelled from the party, with violators facing divine curses and their allowances deemed haram.
Party vice-president Datuk Idris Ahmad posted the oath text on social media, calling it “tested and proven,” yet it runs up against a hard legal reality.
A Loophole Already Tested
Malaysia’s anti-hopping law, which came into force in October 2022, was supposed to end lawmakers switching sides for personal gain—if you quit your party or jump to another, you lose your seat.
But there’s an exception that’s becoming increasingly awkward: if your party sacks you, you get to keep your seat.
This wasn’t an oversight but a deliberate carve-out to prevent parties from weaponising expulsion to silence dissent.
A precedent was already set in July, when six Bersatu MPs who were sacked after supporting Prime Minister Datuk Seri Anwar Ibrahim’s government were allowed to keep their seats, with Parliamentary Speaker Datuk Seri Johari Abdul’s ruling standing despite protests.
Now PAS faces the same situation after the three assemblymen, along with five Bersatu members, submitted declarations to the Perlis palace rejecting Menteri Besar Mohd Shukri Ramli’s leadership.
The three men face a choice that pits religious obligation against constitutional right—honour their bai’ah and resign, or stay as independents while potentially facing social and religious consequences.
The bai’ah carries no legal weight in Malaysia’s secular constitutional framework, and courts cannot enforce religious oaths as binding contracts for public office.
The Plot Thickens
But in a dramatic twist, this afternoon (25 December), Mohd Shukri announced his resignation, citing health reasons, just hours after PAS president Datuk Seri Abdul Hadi Awang expelled the three assemblymen and the state assembly speaker declared their seats vacant.
It’s a confusing sequence of events that political observers say has left PAS worse off, with the loss of three assemblymen and its Menteri Besar.
The standoff highlights a tension Malaysia’s anti-hopping law hasn’t fully resolved.
While meant to restore stability after the 2020 “Sheraton Move”, it has created new instability, allowing lawmakers to rebel, be expelled, and still keep their seats.
For PAS, the bai’ah represents a covenant before God meant to bind members beyond worldly incentives.
Still, constitutionally speaking, the choice to stay or go is entirely the assemblymen’s to make.
As the drama continues to unfold, Perlis remains without a clear path forward—and Malaysia’s anti-hopping law faces yet another test.
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