KUALA LUMPUR, Dec 16 — Kelantan will prohibit sodomy among married couples in the PAS state government’s planned amendments to hudud law, Deputy Mentri Besar Datuk Mohd Amar Nik Abdullah said yesterday.
Malay-language paper Berita Harian reported Mohd Amar as saying the current Kelantan Shariah Criminal Code Enactment II, or hudud law, passed in 1993 only prohibits anal sex between men or between a man and a woman out of wedlock.
“This gives the impression that a husband is allowed to sodomise his wife,” Mohd Amar was quoted saying.
“The amendment will state explicitly that a husband who sodomises his wife will be charged according to takzir,” he added.
Takzir in Islamic law refers to punishment, usually corporal, that may be administered at the discretion of the judge, called a qadi or kadi.
Sodomy and fellatio are prohibited in Malaysian criminal law.
Section 377A of the Penal Code categorises sodomy and fellatio as “carnal intercourse against the order of nature” that are punishable with a maximum imprisonment of 20 years and whipping.
Kelantan Mentri Besar Datuk Ahmad Yakob announced Sunday that the state legislative assembly would hold a special sitting on December 29 to table and pass amendments to the Kelantan Shariah Criminal Code Enactment II.
He told a news conference that the move was necessary to enable their move to table in Parliament a private member’s bill on the implementation of the strict Islamic penal code.
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.
The Kelantan government has declared that it will push for amendments to the Federal Constitution to be able to implement the Kelantan Shariah Criminal Code Enactment II passed by the state assembly in 1993.
That year, the then-PAS government successfully tabled and passed the enactment to implement hudud, but the strict Islamic penal code has not been enforced due to conflicts with the Federal Constitution.
Kelantan formed a hudud technical committee after the state government announced in April that it is gearing up to present two private members’ bills to Parliament, hoping to remove all obstacles to its implementation of hudud law in Kelantan by 2015.
But PAS is facing unyielding resistance from both 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.