For months, Mr Abdul Hadi Awang, the president of Malaysia’s opposition Islamist party Parti Islam Se-Malaysia (PAS), has been trying to push for a private member’s Bill in Parliament to table amendments to the Syariah Courts Act of 1965, commonly known as Act 355, to expand the powers of Syariah courts to pass sentences. If successful, the move could pave the way for the PAS-controlled state of Kelantan to implement hudud laws, which is an ancient Islamic criminal law that includes whipping for adultery, falsely accusing someone of adultery and intoxication.

The federal government, led by the main ruling party, the United Malays National Organisation (Umno), has been reluctant to pass the Bill or even allow for it to be debated, arguing that hudud is unconstitutional and not relevant for multicultural Malaysia.

In a surprise move last Thursday, the last day of the current Parliament session, the government allowed the Bill to be debated even though it was listed as the last item in the order paper. To add to the intrigue, despite finally succeeding in taking the Bill to the start of the queue, Mr Hadi applied for the debate to be postponed to the next parliamentary session in October. This would give Members of Parliament (MPs) more time to prepare for a meaningful debate on the issue, he said.

The submission of the Bill to Parliament brought criticism from leaders across the political spectrum. Its critics included parties in the ruling Barisan Nasional (BN) coalition, which represent Chinese and Indian communities, and of which Umno is a part.

Amid the uproar, Mr Hadi insisted the Bill has been misunderstood. It was meant to enhance the punishments in Syariah Courts and not to implement hudud, he claimed. Prime Minister Najib Razak was quick to echo Mr Hadi, assuring his non-Malay partners in BN that they had misunderstood the whole saga and that it was not about implementing hudud.

The surprising moves by Umno and PAS have led to much speculation on their motives. Some have even suggested that the whole episode was coordinated by the two parties, but with PAS appearing to be caught off guard by Umno’s move, this seemed highly unlikely.

A more plausible explanation is that this is Umno’s attempt to score political points with its core Malay support base in the lead-up to the crucial by-elections in Kuala Kangsar in Perak and Sungai Besar in Selangor on June 18. The by-elections were called following the deaths of Umno MPs Noriah Kasnon and Wan Muhammad Khair-il Anuar Wan Ahmad in a helicopter crash during the Sarawak election campaign earlier this month.

Mr Najib is keen to secure a convincing Umno victory for these two constituencies that have Malay-Muslim majorities, to prove that he and Umno remain popular among the core support group for the party.

This will be more important than the landslide victory by BN in last month’s Sarawak state elections, which was attributed largely to the popularity of Sarawak Chief Minister Adenan Satem. While the Sarawak election result is a morale booster for Mr Najib, a strong showing by Umno in the upcoming by-elections will go some way in silencing his critics, who has continued to attack him over donations worth US$680 million (S$938 million) in his personal bank account and the 1Malaysia Development Berhad (1MDB) saga.

A win for Umno in Kuala Kangsar and Sungai Besar is not a given. In the 2013 general election, Umno and PAS were neck and neck in the two seats. In Kuala Kangsar, Umno secured 50.4 per cent of the votes, defeating PAS by the narrowest of margins. In Sungai Besar, Umno similarly won by a slim 399 votes — one percentage point.

Due to the government’s unpopularity in Peninsular Malaysia, these seats could easily sway to PAS, despite the opposition party’s current internal division. Moreover, former Prime Minister Mahathir Mohamad, Mr Najib’s number one critic and the leader of the Save Malaysia movement that seeks Mr Najib’s removal, has hinted he may campaign against Umno in the elections, splitting the Malay ground further.

At first glance, expediting the private member’s Bill debate last week appears to be a clever move by Umno. Besides boosting the party’s Islamic credentials vis-a-vis PAS, the move sends a signal that it might collaborate with its rival, even though an alliance between the two former arch-rivals is premature at this stage.

Such a move could further divide PAS, particularly between those keen to work with Umno and those hostile to collaboration. Since it is likely that the two by-elections will witness a three-cornered fight, a further split in PAS could favour Umno. Party Amanah Negara (Amanah), currently led by former PAS members, has shown interest in contesting the seats.

However, Umno’s use of the hudud card could further marginalise the non-Malays. Already, BN component parties Malaysian Chinese Association and Malaysian Indian Congress leaders have voiced their displeasure. MCA President Liow Tiong Lai has issued a strong statement that his party would reject the Bill and has threatened to resign if it is passed. The non-Malay parties will regard Umno as betraying the country’s multicultural setting, though this may not have an immediate impact on the two by-elections.

It is up to Umno leaders and strategists to decide the next course for their party. They could perhaps sense that Malaysia is already polarised religiously and ethnically anyway. Thus, they might think that neglecting the non-Malays and joining forces with Malay conservatives is the best option for the party’s survival.

This move is consistent with what Mr Najib said during his address at the Umno general assembly in December last year. “If Umno is rejected, this country will be ruled by those who are against the Islamic struggle and who reject the Malay and bumiputra agenda. Disaster will befall us. Do we want the future of our children and grandchildren and the Islamic religion to be left to other than the existing Malay and Islamic leadership? We seek refuge in Allah.”

Judging from this call, it seems that Umno is prioritising Malay support in the long term, while regarding non-Malay votes as inconsequential.

It is unfortunate that Malaysia has to move down this path, given the efforts of past prime ministers in trying to build a multicultural society.

ABOUT THE AUTHOR:

Dr Norshahril Saat is Fellow at the ISEAS-Yusof Ishak Institute. He researches on Indonesia, Malaysia and Singapore politics.