Hadi’s Bill opens doors for disproportionate punishments, constitutional expert says

Source: The Malay Mail Online

Professor Datuk Shad Saleem Faruqi speaks at the forum 'Sejauh mana anda memahami hudud' at the PAUM Club House in Kuala Lumpur February 12, 2017. — Picture by Boo Su-Lyn

Professor Datuk Shad Saleem Faruqi speaks at the forum ‘Sejauh mana anda memahami hudud’ at the PAUM Club House in Kuala Lumpur February 12, 2017. — Picture by Boo Su-Lyn

KUALA LUMPUR, Feb 12 — A private member’s Bill to enhance Shariah punishments will enable excessive sentences for religious offences that mostly victimless and non-violent, Datuk Dr Shad Saleem Faruqi said today.

The constitutional expert said the Bill by PAS president Datuk Seri Abdul Hadi Awang will also allow penalties for Shariah offences that are harsher than even punishments for heavier crimes in the civil system.

“Punishment must be proportionate to the offence committed,” the University of Malaya’s emeritus professor of law said in a forum on understanding the Islamic penal code of hudud organised by Tan Sri Tengku Razaleigh Hamzah.

“You’re going to have penalties of 100 lashes, RM100,000 fine, or 30 years’ jail for offences that are in some cases are purely victimless crimes. Some of Shariah crimes are victimless crimes — a person drinks, doesn’t pray, doesn’t fast — there is no clear harm to public order and national security.

“In Criminal Procedure Code, Penal Code, the offences are much lesser for much bigger offences,” Shad said. Read more