KUALA LUMPUR, June 5 — Hudud can be introduced with a simple majority in Parliament, Malaysian Islamic authorities asserted in a working paper on the Islamic penal code.

In the report sighted by The Malay Mail Online yesterday, the Malaysian Islamic Development Department (Jakim) said this was since the Penal Code already contained elements of Islamic law by virtue of being drawn from the Indian version that was purportedly inspired by the Islamic Moghul Sultanate.

“For offences already contained in the Penal Code, hudud punishments can only be introduced only if the Parliament pass such punishments, needing only a simple majority,” said the proposal.

The working paper also claimed that Shariah courts already have jurisdiction over criminal offences, as demonstrated by several rulings by the country’s Federal Court, including cases against deviant teachings of Ayah Pin and the Malay Rasul.

It also contested that the introduction of hudud would need fundamental changes to the Federal Constitution that critics contend were necessary by virtue of Malaysia being a secular country.

The paper instead pointed to Islam’s position as the religion of the federation and the Oath of office of Yang di-Pertuan Agong that requires the ruler to “protect the religion of Islam”; it further noted that the word “secular” does not appear in the constitution.

“Therefore, to conclude that hudud cannot be implemented in this country because it is a secular country is totally wrong,” said the proposal.

“It is up to Muslims in this country to correct this inaccurate perception about the position of religion of the country. If there is no effort done, therefore the sovereignty of Islam will be further eroded and will always be considered as the official religion of a secular country.”

Chinese-language newspaper Oriental Daily reported on Monday that the proposal was presented at a meeting with Barisan Nasional Backbenchers’ Club last month.

However, both the Malaysian Islamic Development Department (Jakim) and backbencher Datuk Nur Jazlan Mohamed have denied that such a briefing took place, when queried yesterday.

A Jakim official declined to comment when asked to verify the authenticity of the report.

The report by a Jakim Shariah-Civil Technical Committee dated May 8, 2014 also proposed for hudud to be implemented in two stages, the first involving amendments of several federal and state laws.

It noted that the Syariah Courts (Criminal Jurisdiction) Act 1965 must first be amended to allow the courts to mete out unconventional punishments.

Currently, the Islamic court cannot sentence offenders to more than three years in jail or fine them more than RM5,000. It also cannot sentence offenders to be whipped more than six times.

Last month, PAS said it will delay tabling two private members’ bills needed to pave way for the enforcement of hudud in Kelantan, to allow a proposed bi-partisan committee to study the implementation of the Islamic penal code.

This comes as Deputy Prime Minister Tan Sri Muhyiddin Yassin — also the Umno deputy president — said his party will push for a national-level committee on hudud.

Muhyiddin had said both local and foreign experts on hudud would sit in the proposed committee. The specifics of the committee are not yet known.