‘Rape victim’s tudung did not save her’

Source: Free Malaysia Today

PETALING JAYA: The recent conviction of a Kelantan man for rape and murder has prompted an activist lawyer to question the effectiveness of PAS’s Islamic administration, particularly as it pertains to the protection of women.

Nik Elin Rashid, who is a Kelantan native, said one would have expected sexual offences and violent crimes to be rare in a state governed according to Islamic principles.

Last Wednesday, the Kota Bharu High Court found Mohammad Awari Ahmad, 25, guilty of the 2015 rape and murder of housewife Yashmin Fauzi. He was sentenced to death for the murder and 18 years’ jail and 12 strokes of the rotan for the rape.

Read more

Deputy MB: Kelantan to model Qatar’s hudud law, including amputation

Source: Malay Mail Online

Picture by Yusof Mat Isa

Deputy Mentri Besar Datuk Mohd Amar Nik Abdullah (left) stressed that Kelantan’s currently dormant hudud enactment can only be enforced after a private member’s Bill by Datuk Seri Abdul Hadi Awang is passed in the Parliament. — Picture by Yusof Mat Isa

KUALA LUMPUR, Jan 3 — The Kelantan government will study ways of adopting Qatar’s implementation of hudud, the Islamic penal law, said Deputy Mentri Besar Datuk Mohd Amar Nik Abdullah.

According to Mohd Amar, the state will allocate RM1 million to research how best to implement hudud that includes amputation, whipping and stoning for some offences.

“Qatar is one of the best models to follow the process of hudud implementation,” he was quoted as saying in Sinar Harian.

Currently, the PAS vice president said the state lacked the expertise and knowledge to perform some of the procedures necessary for selected hudud punishments, such as the surgical removal of limbs.

Theft, for instance, is punishable by the amputation of a hand in some instances. There is no equivalent to this in the country’s criminal law. Read more

Terengganu not ready for hudud law yet, says MB

Source: FMT News

KUALA TERENGGANU: Terengganu is not prepared to implement hudud law until an in-depth study on it is conducted first, says Menteri Besar Ahmad Razif Abdul Rahman.

He said the decision to implement hudud law must be determined by the state legislative assembly and only after getting the consent of the Terengganu Sultan.

“We are now focusing on Bill 355 … once it is approved, only then can we see which Islamic law provisions can be implemented under the bill. We should not rush into this matter.” Read more

Hudud tidak mungkin dilaksana di Malaysia waktu terdekat

Sumber: FMT News

Ragunath Kesavan. Gambar dipetik dari FMT News.

Ragunath Kesavan – Gambar dipetik dari FMT News.

Hudud jika diperkenalkan ia akan berada di bawah bidang kuasa kerajaan persekutuan dan dengan itu akan menceroboh bidang kuasa Raja-raja Melayu sebagai ketua hal ehwal Islam.

KUALA LUMPUR: Di sebalik polemik mengenai rang undang-undang persendirian yang hendak dibawa oleh pemimpin PAS, seorang bekas presiden Majlis Peguam Malaysia percaya undang-undang hudud tidak akan diperkenalkan di Malaysia dalam masa terdekat.

Ragunath Kesavan yang mengepalai majlis itu dari 2009 hingga 2011 berkata, undang-undang hudud jika diperkenalkan ia akan berada di bawah bidang kuasa kerajaan persekutuan dan dengan itu akan menceroboh bidang kuasa Raja-raja Melayu sebagai ketua hal ehwal Islam di negeri masing-masing.

Malah menurut beliau, undang-undang yang mengawal selia kesalahan tertentu di bawah Kanun Keseksaan atau Kanun Tatacara Jenayah tidak boleh dikuatkuasakan oleh kerajaan negeri.

“Jadi, anda boleh mempunyai hudud di Kelantan, tetapi anda tidak boleh mengenakan hukuman kerana mencuri atau rompakan, sebagai contoh.”

Beliau berkata demikian pada forum “Malaysia: Sekular atau Beragama? Apakah Masa Depan Kita? yang diadakan di Gereja Methodist Wesley di sini, semalam. Read more

RUU355 not hudud, but is it OK? – Azmi Sharom

Source: The Malay Mail Online

BY: AZMI SHAROM

FEBRUARY 22 — The proposed amendments to the Shariah Courts (Criminal Jurisdiction) Act 1965 are very clever. When Hadi first proposed it, the original draft was arguably against the Constitution. But now they have changed it and the constitutional argument becomes harder to use.

Let me explain why. In the original draft there was a possibility that some of the additions to the law would mean there is an overlap with ordinary criminal law. This could mean that there was a question of two criminal systems in one country, and that is against the Article 8 of the Constitution which states that everyone must be equal before the law.

The current amendments merely increase the punishments for existing offences. So, nothing new is added, it is just that the penalties are harsher.

Does this make it all OK? Read more

Hadi’s bill: Maximum sentence open to abuse, says ex-judge

Source: FMT News

Civil society, politicians deserve an explanation, especially with existing punishments meted out by shariah courts considered high, says Mohamad Ariff Md Yusof. Pic form FMT News.

Civil society, politicians deserve an explanation, especially with existing punishments meted out by shariah courts considered high, says Mohamad Ariff Md Yusof. Pic from FMT News.

KUALA LUMPUR: PAS president Abdul Hadi Awang’s amended motion to enhance Shariah punishments is constitutional but the request for maximum penalty is too harsh, says a retired judge.

Mohamad Ariff Md Yusof said there was no justification in the Marang MP’s proposal in his Private Member’s Bill, to mete out sentences of up to 30 years’ jail, RM100,000 fine, and 100 strokes of light caning.

“I suggest civil society and politicians ask the promoters of the motion to justify why there must be maximum punishment,” the retired Court of Appeal judge said.

He added that the current maximum RM5,000 fine was already considered high when meted out by a shariah court.

Ariff said this when delivering a public lecture titled “Amendments to Shariah Courts (Criminal Jurisdiction) Act 1965 – Constitutional and Practical” at the Universiti Malaya Law Faculty yesterday. Read more

Constitutional Law Lecture Series – Second Lecture: “Amendments to Syariah Courts (Criminal Jurisdiction) Act 1965 – Constitutional & Practical Issues”

constilawlectureseries

16 February 2017 · 5:30 pm—7:30 pm · Auditorium Tun Mohamed Suffian, Faculty of Law, UM

2ND LECTURE

“AMENDMENTS TO SYARIAH COURTS (CRIMINAL JURISDICTION) ACT 1965 — CONSTITUTIONAL & PRACTICAL ISSUES”

Guest Speaker: Dato’ Mohamad Ariff bin Md Yusof

Retired Court of Appeal Judge Mohamad Ariff Yusof - pic from FMT News

Retired Court of Appeal Judge Mohamad Ariff Yusof – pic from FMT News

Dato’ Mohamad Ariff bin Md Yusof is a retired Judge of the Court of Appeal, Malaysia. Beginning with a career as a law lecturer in 1974 and subsequently an Associate Professor and Deputy Dean of the Law Faculty of the University of Malaya from 1974 to 1985, he then practised as an advocate and solicitor from 1986 and was one of the founding partners of Messrs. Cheang & Ariff. He took leave from legal practice between 1993 and 1995 to join the newly-formed Securities Commission of Malaysia and became the first Director of its Market Supervision Department. He became a Judicial Commissioner, High Court of Malaya in 2008, later a Judge of the High Court, and thereafter became a Judge of the Court of Appeal in 2012. He retired from the Malaysian Judiciary in early 2015 and is currently a consultant at Messrs. Cheang & Ariff.


Background:

On 26 May 2016, Datuk Seri Abdul Hadi Awang, President of Parti Islam Se-Malaysia (PAS) presented a Private Member’s Bill in the Dewan Rakyat to amend the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355). The move has re-ignited the ongoing debate over hudud in the country, with proponents of the Bill insisting that the Bill merely seeks to strengthen the powers of the Syariah Courts, and not about introducing hudud into the existing legal system. What exactly are the changes sought to be brought about by the Bill? Can the proposed changes be implemented within our existing constitutional framework? What are the constitutional implications and practical issues that could arise from the amendments, if any? To find out more, join us for the 2nd lecture in the Constitutional Law Lecture Series.


Program:

5:30 pm Registration
5:50 pm Welcome Speech by Organisers
6:00 pm 2nd Lecture by Dato’ Mohamad Ariff bin Md Yusof
7:00 pm Interactive Session
7:30 pm Light Refreshments

Sarawak PKR will keep opposing Hadi’s bill

Source: FMT News

Baru Bian - Pic from FMT News

Baru Bian – Pic from FMT News

By Richard T.W.

KUCHING: Sarawak PKR has vowed to oppose the bill to amend the Syariah Courts (Criminal Jurisdiction) Act 1965, no matter what the national leaders of the party decide.

“Sarawak PKR is always consistent in the matter, notwithstanding the decision of the PKR leadership.

“Should the national leadership go against our stand, we will not budge,” state PKR leader Baru Bian told reporters today.

Last May, PAS president Abdul Hadi Awang moved a private member’s bill to amend the Shariah Courts (Criminal Jurisdiction) Act 1965 or Act 355.

Last Friday, PKR president Wan Azizah Wan Ismail said she recognised Hadi’s right as an MP to submit the bill and despite her reservations, she would hear Hadi’s explanation during the tabling of the bill next month. Read more

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

PAS meets church reps over Hadi’s Bill

Source: The Star Online

Pic from the Star Online.

Pic from the Star Online.

BUKIT MERTAJAM: Several PAS leaders held a meeting with representatives of the Catholic church and non-governmental organisations (NGOs) here to discuss the proposed amendments to the Syariah Courts (Criminal Jurisdiction) Act (Act 355).

PAS interfaith coordinator Abdul Rahman Kassim said those present were PAS deputy president Datuk Tuan Ibrahim Tuan Man, Roman Catholic Bishop of Penang Datuk Rev Sebastian Francis and social activist Anil Netto.

He added that the meeting was a courtesy call by Tuan Ibrahim to show respect to the other religions and to foster better ties.

“We discussed a bit on PAS’ proposed amendments to Act 355 and explained the reasons we wish to push it forward.

“The church expressed concern over the amendment, we answered their questions and assured them that there was no need for non-Muslims to be worried,” Abdul Rahman said after the one-hour meeting at the St Anne’s Church here on Sunday. Read more