Malaysia
Amended Shariah Bill not applicable to Kelantan’s hudud enactment, PAS says
PAS secretary-general Datuk Takiyuddin Hassan speaking at the Sinar forum on u00e2u20acu02dcPindaan Akta 355 : Antara Realiti Dan Persepsiu00e2u20acu2122 at Kompleks Kumpulan Karangkraf, Shah Alam, September 5, 2016. u00e2u20acu201d Picture by Choo Choy May

KUALA LUMPUR, Nov 28 — A new Bill to upgrade Shariah courts by PAS president Datuk Seri Abdul Hadi Awang will not be used with Kelantan’s so-called hudud enactment passed last year, secretary-general Datuk Takiyuddin Hassan said today.

Takiyuddin said even if the private member's Bill by Hadi is passed in the Parliament, it is up to each state if they wish to adopt the federal law in their Shariah enactments.

"It is not automatically applicable to states. The state law that will be in accordance with Act 355 is the 1985 Syariah Criminal Code. The one that will be used is 1985 enactment.

"Not the Syariah Criminal Code (II) Enactment 1993, which was said as Hudud,” he told reporters at a press conference at the party's headquarters.

The Syariah Courts (Criminal Jurisdiction) Act 1965 that Hadi aims to amend is also known as Act 355.

Kelantan currently enforces the Syariah Criminal Code 1985, while the 1993 enactment that specifies severe punishments for hudud crimes specified in Quran.

Takiyuddin’s remark came even after a PAS MP said yesterday that Hadi’s amended Bill would allow the implementation of "real” punishments for three out of the six Shariah offences covered by hudud.

According to Datuk Dr Khairuddin Aman Razali, the three offences — "zina” (illicit sex) for unmarried Muslims, "qazaf” (false accusation of zina), and consumption of alcohol — are already governed by Shariah criminal offences enactment in all states.

The Kelantan state legislative assembly passed in March 2015 amendments to the Syariah Criminal Code (II) Enactment, which was first introduced in the state in 1993, to pave way for the implementation of hudud.

PAS president Datuk Seri Abdul Hadi Awang read Thursday his motion for the amended version of his private member’s Bill to amend Act 355 in a bid to expand the punitive powers of the Shariah courts, but he deferred it to the next time Parliament convenes in 2017.

The amended version of Hadi’s Bill seeks to increase the Shariah punishment ceiling to 30 years’ prison, a RM100,000 fine and 100 lashes of the cane.

Shariah courts are currently only allowed to mete out a three-year jail sentence, a RM5,000 fine and six strokes of the cane.

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