Syariah Criminal Code II 1993 (Amendment 2015) only applicable to Muslims
(Bernama) — Non-Muslims need not fear or attempt to oppose the implementation of the Syariah Criminal Code II 1993 (Amendment 2015) because it is only applicable to normal Muslim individuals when it is implemented in the state later.
This was among several amendments made in the bill tabled by Kelantan Menteri Besar Datuk Ahmad Yakob at the State Legislative Assembly sitting at the Kompleks Kota Darulnaim, Kota Baharu, Wednesday.
In the previous code, non-Muslims were given a choice as to which law would be applied to them, he said.
Ahmad said the bill also amended Seksyen 15(2) of the Syariah Criminal Code (II) by adding the provision for the ‘takzir’ penalty for sodomy offences on the wife.
He said other amendments were on the qualification of judges, expulsion of judges, emoluments and allowances for judges and the structure of the courts from the Supreme Court to the Federal Court and the change from State Services Commission which had existed to the State Judicial Commission which had yet to exist.
An amendment was also made to the structure of the sentence to suit the existing legislation, he said.
Ahmad said the code provided a provision for hudud offences and the penalty for seven offences namely ‘sariqah’ (theft), ‘hirabah’ (robbery), adultery, sodomy, qazaf, syurb (liquor consumption) and irtidad (apostacy).
Meanwhile, during the debate on the bill, Datuk Md Alwi Che Ahmad (BN-Kok Lanas) said he and UMNO supported the hudud law not because of politics but because of Allah.
He said non-Muslims need not interfere or oppose the implementation of the law because it did not involve the non-Muslims.
“This law is only applicable to Muslims, why should the non-Muslims oppose it,” he said.
With support from all the 12 Barisan Nasional (BN) assemblymen from UMNO, the bill appears to be easily approved Thursday because PAS has 31 assemblymen in the State Assembly while Parti Keadilan Rakyat (PKR) has one.
One seat belonging to PAS namely Chempaka is vacant following the death of the incumbent assemblyman Datuk Nik Abdul Aziz Nik Mat on Feb 12.
However, Gerakan Wednesday filed an originating summons in the High Court, seeking a declaration of revocation against the Syariah Criminal Code II 1993 (Amendment 2015) presented at the Kelantan Legislative Assembly sitting.
The originating summons was filed by three members of the party, namely Tuan Mat Tuan Wil, Soh Hoon Lee and Chung Mon Sie through Messrs N.S. Leong and S.T. Low at 10 am at the High Court Registrar’s Office, naming Kelantan State Government as the defendant.
In the originating summons, the plaintiff sought a declaration in accordance with Articles 76 and 76 (A) of the Federal Constitution to declare the Syariah Criminal Code (11) Enactment null and void as it was unconstitutional.
In addition, they were also seeking to declare that the Syariah Criminal Code II Enactment 1993 is unlawful, invalid, and contrary to Article 4 (1) of the Federal Constitution.
Among the reasons cited by the plaintiff were that the Syariah Criminal Code II Enactment 1993 was unlawful as the Kelantan Legislative Assembly had no jurisdiction to enact laws.
The plaintiff argued that the enactment was ultra vires (beyond legal authority) and invalid and inconsistent with the Federal Constitution, and some of the provisions in the enactment also included offences and matters falling within the Federal Register.
Meanwhile, Gerakan Youth deputy chief, Andy Yong said the application was the first step to prevent the tabling of the private member’s bill in Parliament to amend Article 76 (A) (1) of the Federal Constitution which gives the the Kelantan government the power to implement hudud.
“Kelantan State Government initiated the first step by tabling an amendment bill to the Syariah Criminal Code II 1993 today, we too are taking the first step to bring this matter to court.
“We will submit the originating summons to the defendant at the State Government office at Kota Darulnaim Complex today,” he said.
