Hudud: Lesbian sex, necrophilia, bestiality not criminal but anal sex in marriage outlawed

PAS lawmaker Hasan Muhammad speaks at the Kelantan State Assembly in Kelantan, March 18, 2015. ― Picture by Yusof Mat Isa
PAS lawmaker Hasan Muhammad speaks at the Kelantan State Assembly in Kelantan, March 18, 2015. ― Picture by Yusof Mat Isa

KOTA BARU, March 18 ― The amended Shariah Criminal Code II (1993) bill tabled by Kelantan today no longer listed sex between women, sex with corpses, and sex with animals as crimes, striking out Sections 19 to 21 in the previous enactment.

Despite that, the bill now outlaws “liwat”, which means “sodomy” but is defined in Section 14 as “anal sex”, between husbands and wives, when previously it only covered the offence committed between men, or between a man and a woman out of wedlock.

Section 15(1) prescribed the punishment for liwat between unmarried couples as the same as committing zina, or illicit sex ― which could include stoning until death.

Section 15(2) said that married couple who commits anal sex will only be punished by ta’zir, or penal punishments decided by a judge.

Currently under Section 14 of Kelantan’s Shariah Criminal Code Enactment 1985, liwat is punishable by fine not more than RM5,000, jail not more than three years or both, and six lashes.

Sodomy is also punishable under the Penal Code, with Section 377B prescribing the penalty of jail up to 20 years and whipping, and the same penalty is also prescribed for bestiality under Section 377 of the Penal Code.

Kelantan tabled the Shariah Criminal Code (II) (1993) bill today despite repeated objections from both PAS’ PR allies in DAP and PKR.

The Islamist party also reportedly plans to table two private members’ bills on the same matter in Parliament sometime later this month which, if passed, will enable Kelantan to implement the criminal justice system.

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