KUALA LUMPUR, April 25 — Doctors can safely refuse to follow orders to amputate criminals under hudud in Kelantan without risking their jobs, the Malaysian Medical Association (MMA) said today.

Its president Datuk Dr NKS Tharmaseelan pointed out that all hospitals and clinics in Kelantan fall under the federal government’s jurisdiction through the Health Ministry and any order by the state to amputate criminals under the Islamic penal code would be deemed “invalid”.

“They have no say in the day-to-day running of any hospital or clinic in Kelantan.

“Even if they dictate to the doctors working for the ministry in Kelantan, that [order] becomes invalid and would not be followed,” he told reporters at the association’s office here, explaining that Malaysia’s hospitals only take orders from the ministry.

He also pointed out that the federal government pays for the salaries of doctors and medical staff in Kelantan, apart from deciding on their promotions.

“The Kelantan government cannot sack them from their jobs because the Minister of Health pays them,” said Tharmaseelan, whose association reportedly represents 14,000 out of 37,000 doctors nationwide.

Yesterday, Tharmaseelan said the MMA will seek to disqualify surgeons who perform the unethical amputations on criminals convicted under hudud, stressing that doctors are bound by their professional ethics to do no harm.

He said any surgeon who performs an amputation under hudud risks being ejected from the profession, as the MMA would report them to the Malaysian Medical Council for breach of ethics.

On Wednesday, Kelantan Deputy Mentri Besar Datuk Mohd Amar Nik Abdullah said the state is considering engaging the service of surgeons in performing amputation on offenders.

Amar insisted that amputation under hudud is a far more effective penalty compared to the existing Penal Code’s jail terms, as it does not burden taxpayers.

But the Kelantan state lawmaker added that due consideration would be given before punishments are meted out for offenders who steal due to hunger or other compelling circumstances.

In 1993, the PAS state government passed the Kelantan Syariah Criminal Code Enactment II, but the strict Islamic penal code has not been enforced due to conflicts with the Federal Constitution.

On April 4, Amar said the state government is currently preparing two Private Member’s Bills that it will bring to Parliament soon, hoping to remove all obstacles to its implementation of the hudud law in Kelantan by 2015.

But PAS is facing unyielding resistance from its PR partners PKR and DAP, and has said it hopes to get the necessary votes from Umno MPs in order to get the bill approved.

The Islamist party will need a simple majority of 112 votes for this.

In Islamic jurisprudence, “hudud” covers crimes such as theft, robbery, adultery, rape and sodomy.

Punishments for the crimes are severe, including amputation, flogging and death by stoning.