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The 8 Things You Need To Know On Hudud Law In Kelantan

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Hudud is a form of law derived from the Quran and teachings of the Sunnah, which sets out punishments against crimes under Syariah Law.

The Kelantan State Legislative Assembly passed a hudud bill on 19th March 2015, amending the Syariah Criminal Code II 1993. The motion was passed unanimously. The two Private Member’s Bills will then be tabled in Parliament.

While most of us are well aware of the severity of the punishments, here’s our spread sheet on hudud:

1. Hudud law used to be inclusive of the non-Muslims

Before the recent amendment, non-Muslims were given a choice as to which law would be applied to them. After much debate and consideration, it is decided that non-Muslims will not be tried under the law.

2. There are 6 main offences in the Hudud law applied by Kelantan

Hudud Law consists of 6 offences, namely Riddah (Apostasy, or leaving one’s religion), Sarqiah (Theft), Robbery (Hirabah) , Syurb (consuming liquor), Zina (Adultery) and Qazaf (Adultery without witnesses).

3. Amputation of limbs a punishment, but only on the left foot and right hand

Amputation will only be exercised for Theft and Robbery. Those who stole because they are in poverty however, would not be affected by Hudud law, also for those who are under the age of 18.

4. …And it might not go as smoothly as planned

The Kelantan government has suggested doctors could carry out amputations, but faced criticisms from the Malaysia Medical Association, who have stated that it goes against the Hippocratic Oath.

5. The presence of witnesses is compulsory

If someone is accused under Hudud law, there must be two or more witnesses that must be able to back up that accusation. Furthermore, the witnesses can and only be male Muslim adults. That means women cannot be a witness.

6. If the offence cannot be proven under hudud, it will be Ta’zir

This means that the punishment will be determined by the state’s law or at the court’s discretion. Ta’zir punishment for crime not measuring up to the strict requirements of hadd punishments, although they are of the same nature, or those for which specific punishments have not been fixed by the Quran.

7. Hudud is by the people, for the people

The Kelantanese people are in favour of the hudud law implementation and is therefore exercised in the state with full effect. The idea is, by exercising such a law, it would curb crimes from taking place and lowering the crime rate due to the harsh consquences.

8. Other sexual offences will be reviewed before implemented

In a recent amendment of hudud law, sodomy is a punishable offence, but lesbian intercourse, necrophilia and bestiality as crimes are dropped.-MYNEWSHUB.CC

 

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