PAS denies Act 355 a 'backdoor' to implement hudud

PARLIAMENT | Amendments to the Syariah Courts (Criminal Jurisdiction) Act (Act 355) is not a way to implement hudud, and neither will it affect non-Muslims, PAS stressed today.

"Stop listening to claims that Act 355 is a backdoor to the implementation of hudud in Malaysia.

"At least three articles of the Federal Constitution need to be amended to implement hudud, this would surely be difficult," PAS president Abdul Hadi Awang told the Dewan Rakyat today.

Hadi finally presented his arguments for the motion to table a private member's bill aimed at amending Act 355 today.

The amendments seek to raise the punishment cap for syariah offences to 30 years' jail, RM100,000 fine and 100 strokes of the cane.

The current syariah punishment cap is three years’ imprisonment, RM5,000 fine and six strokes of the cane.

Hadi stressed that the law will only apply to Muslims, and that non-Muslims have nothing to be concerned about.

PAS secretary-general Takiyuddin Hassan reiterated these remarks in his speech in support of Hadi's motion.

"Whether it is hudud or not, it has nothing to do with non-Muslims, they've nothing to worry about," Takiyuddin added.

He also said that even in Kelantan's hudud enactment, it was clearly stated that the law does not apply to non-Muslims.

Takiyuddin, who is Kota Baru MP, also rubbished concerns about disproportionate punishment once the amendments are passed.

"Minor offences, they won't get fined RM100,000, major offences (the judge) will put a RM100,000 fine.

"Same as caning. 100 strokes sounds like a lot, but 100 strokes of the cane (under syariah law) is lighter than one civil stroke," he said.

Laid out guidelines for whipping

Earlier, Hadi had also laid out guidelines for whipping under syariah law, which is that a cane must be neither light nor heavy, and that the cane can't be lifted above the head, can't tear skin, and can't injure.

He also cited the Prophet Muhammad as saying that a skinny person whose bones might be hurt by caning, need only be hit once by 100 "ranting" (twigs) at one go.

Meanwhile, Takiyuddin said that even if the amendments to Act 355 are passed, adoption of the new punishment limits is up to individual states.

"If Penang doesn't want to implement the amendments, that is fine, they can use three (years' jail), five (thousand ringgit fine) and six (strokes of the cane).

"If Sarawak doesn't want to implement it, that is fine. This is optional, not mandatory," he said.

If the Act 355 amendments are passed, individual states must amend their respective Islamic state laws whether they want to increase punishment limits.

Hadi's motion is currently still not yet a bill.

Once the motion is passed, it is considered the first reading of the bill.

Dewan Rakyat speaker Pandikar Amin Mulia however has deferred the debate on the motion to the next Parliament sitting.

The lower House of Parliament reconvenes on July 24.- Mkini