KOTA BARU: Kelantan PAS-led government tabled the Kelantan Syariah Criminal Code (11) Enactment 1993 today, ending the much awaited anxiety and unofficial debate in Malaysia on the Hudud Laws.
Tabled at 11am by Menteri Besar Datuk Ahmad Yakob , stressing that the Islamic laws applied only to Muslims aged 18 and above, he said it was the responsibilities of those in power to implement Allahâ€™s laws which were perfect and complete.
â€œIt is only for Muslims who have no option as the laws are certain to being equal justice for all,â€ he said.
Taking a swipe at those opposing the implementation of Hudud laws in Kelantan, Ahmad said they were liars who accused accused the laws as inhumane and cruel.
The Code states that offences that did not satisfy the stipulated requirements in the Islamic laws will be tried under Taâ€™zir which means the accused will be tried under the present civil laws.
Among the offences listed and their punishments in the Code are adultery, sodomy, syurb or consuming alcohol or intoxicating drinks, riddah or apostate and syariqah or stealing.
On ADULTERY, which is under Section 12 (3) of the Enactment, it is defined as an act of sexual intercourse between a man and woman who are not her or his legally married spouse which punishment is stoning to death.
However, under Section 13 (2), if the offender is a ghairu mohsan (unmarried or if married but has yet to experience a sexual intercourse in marriage), he or she shall be punished with whipping of one hundred lashes and a year imprisonment.
Muslims aged 18 and above who commit premarital sex would be considered as having committed the said offence and will face punishment laid out under Section 13(2).
These laws however will not be applied to a man who had sexual intercourse with a woman who he thought was his wife, but in fact, was not.
On SODOMY under Section 14 of the Code, it states that sodomy has been committed when a man has carnal intercourse with another man, and also when a man has intercourse with a woman through the anus.
The punishment SODOMY is the same as prescribed for adultery, except in cases where a husband commits the act against his wife.
This exception will see the offender punished with taâ€™zir punishment which is under the civil laws.
For SYURB or consuming intoxicating drinks which is under Section 22 of the Code, regardless of whether the consumption resulted in intoxication and irrespective of the quantity consumed, the punishment is by whipping of not more than 80 lashes and not less than 40 lashes.
APOSTACY or IRTIDAD which falls under Section 23 (1) of the Code, stipulated that whoever that has voluntarily, deliberately, and with full awareness carry out an act or utter a word that affects or is against the fundamental Islamic beliefs that are deemed to have been known and believed by every Muslim, is considered an apostate.
The punishment as stipulated under Section 23(3) is whoever found guilty of committing the offence of Irtidad shall, before a sentence is passed on him, be required by the court to be imprisoned within such period deem suitable by the Court for the purpose of repentance.
Section 23(4) of the punishment stipulates that where he or she is reluctant but there is still hope for his repentance, the Court shall consider for continuance until there is no hope for repentance, then the Court should pronounce the Hudud sentence (death sentence) on him and order the forfeiture of his property to be held by for the Baitulmal.
Provided that he repents, whether it is done before or after the death sentence is pronounced, but before it is carried out, he shall be free from the Hudud sentence and his property that was forfeited shall be returned to him.
SARIQAH or stealing or theft under Section 6 of the Enactment makes it an offence for any person to secretly move a movable property out of the ownerâ€™s lawful custody or possession without his consent, with the intention to deprive the owner of the property.
The punishment under Section 7 for this offence is:
a) For the first offence, an amputation of the offenderâ€™s right hand
b) For the second offence, amputation of his left foot
c) For the third and subsequent offences, with imprisonment which term is not exceeding 15 years and is deemed appropriate by the Court.
Under Section 8 of Hudud punishment for Sariqah offences shall not be imposed in the following circumstances:
a) When the value of the stolen property is less than the nisab (a sum of money that is equivalent to the current price of gold weighing 4.45gram or a sum to be determined by His Royal Highness the Sultan from time to time in accordance with the Shafi sect or any one of Hanifi Maliki, or Hambali),
b) When the owner of the stolen property has not taken sufficient precaution to guard it from being stolen,
g) When the offence is committed in extreme situations, including war, famine, disease, natural disaster, and the like, and
f) When the execution of amputating hand harms or threatens the offenderâ€™s life.
The Islamic laws also allow for pardons to the offenders which is a wali (a relative of the victim who is entitled to remit the offence committed by the offender on the victim) may at any time before the execution of the punishment as qisas (equal retaliation punishment or equation for the offences of causing death or bodily injury to any person), pardon the offender either with or without a diyat.
Diyat is defined as a certain amount of money or property which amounts to the current price of gold weighing 4450 grams or at the rate prescribed by His Royal Highness the Sultan from time to time.
On WITNESSES of all offences not including adultery and sodomy, the number of witnesses shall not be less than two.
However, for sodomy and adultery, four witnesses are needed to prove the offences.
8) 8) QUALIFICATION TO BE A WITNESS
Section 41(1) requires each witness to be an adult male Muslim who is of the sound mind and just. The witness shall be considered as just if he does what is required of him by Islam, avoids committing great sins and does not continuously commit lesser sins, as well as act in ways that protects his sense of honour. The witness shall be deemed as just, until the contrary is proven.
On criteria of witnesses, Section 42 (2)states that each witness shall state clearly that he has actually seen the act complained and in the case of adultery, the four witnesses shall state that they had actually seen the act of penetration of the male sexual part into the female sexual part and furthermore, there shall neither be contradiction nor inconsistency among the witness in such testimony.
Section 46 (1) of the CIRCUMSTANTIAL EVIDENCE stipulates that circumstantial evidence though relevant shall not be a valid as method of proving a Hudud offence.-MYNEWSHUB.CC