KUALA LUMPUR – Muslim women's rights group Sisters in Islam (SIS) is expressing concern over the enforcement of the Kelantan Shariah Criminal Code (I) Enactment 2019, which came into force yesterday.
The enforcement of the law was announced on October 31 by Kelantan Menteri Besar Datuk Ahmad Yakob in an online event hosted by the state Islamic Religious Affairs Department (JAHEAIK).
In a statement today, SIS questioned the law being enacted by a state government, citing a recent Federal Court judgement on the case of Iki Putra Mubarak v Kerajaan Negeri Selangor & Anor on the criminalisation of unnatural sex.
“It is Parliament that is empowered to legislate such an Act. The state has no power to enact such laws,” the group said today.
Ahmad had said that, under the enactment, shariah courts will have the power to hear cases in which punishments include a jail term of not more than three years and a fine or six strokes of the rotan.
The 24 new provisions in the enactment relate to matters such as witchcraft, false claims, religious conversion, distortion of Islamic teachings, disrespecting the month of Ramadan, destroying houses of worship, and intercourse with corpses and non-humans, which SIS said is “not clearly stated but only mentioned”.
SIS added that Yakob’s statement on the law being restorative and retributive is “questionable and poses a grave concern”.
“What does restorative and retributive actually mean in this context?
“While there is mention of conducting social services for youth offenders under the supervision of imam in mosques, what is the understanding of restoration and retribution for actions that are deemed crimes under this Shariah Criminal Code?
“How will this be achieved in the looming tabling of the RUU355?” it said, in reference to Act 355 of the Shariah Courts (Criminal Jurisdiction) Act 1965.
“The amendments clearly show an obscure view of Islam,” it said.
SIS added that such laws “violate fundamental principles of democracy by suppressing critical thought and expression through arbitrary provisions”.
“It (the amendment) does not reflect an inclusive, progressive and tolerant Islam but merely showcases Islam as a punitive religion,” SIS said, adding that Muslims already fear voicing out their concerns for fear of backlash. – The Vibes, November 2, 2021
