AUGUST 29 ― Four months to this day, Subang PAS chief Zaharudin Muhammad cited Islamic law as he called on the authorities to pardon former prime minister Datuk Seri Najib Razak, who is currently serving his 12-year jail sentence for stealing RM42 million in funds belonging to a former 1MDB subsidiary.
Pardon must be in accordance with Islam and Islamic law ― at least to Zaharudin. Otherwise, he would not have made the call.
Zaharudin is the son-in-law of PAS president Abdul Hadi Awang, who was reported to have said on Saturday night during a political talk at the party's Bakri headquarters near Muar that the process of granting pardons to an offender in Malaysia goes against Islamic teachings.
In Islam, the party who has the right to grant pardons or amnesties is the victim’s family member, and not the Pardons Board.
“Islamic law is implemented to educate, not torture,” Hadi reportedly said.
Hadi, who is also the Marang MP, added that PAS wants the provisions of the current law to be changed to those that reflect on Islamic values.
If that is so, then Hadi will have to start it with Terengganu's Syariah Criminal Procedure Enactment 2001 (No. 5 of 2001).
Chapter 9 of the Enactment makes provisions on suspensions, remissions and commutations of sentences.
Section 132, on power to suspend or remit sentences, states as follows:
(1) When any person has been sentenced for an offence, the Duli Yang Maha Mulia Sultan on the advice of the Mufti may at any time, without conditions, or with such conditions which the person sentenced accepts, suspend or remit the whole or any part of the sentence.
(2) Whenever an application is made to the Duli Yang Maha Mulia Sultan for the suspension or remission of a sentence, the Duli Yang Maha Mulia Sultan may require the convicting Judge to state his opinion as to whether the application should be granted or refused and such Judge shall state his opinion accordingly.
Kelantan's Syariah Criminal Procedure Enactment 2002 (No. 8 of 2002) has the same provision in Section 132 of the Enactment.
While it may be argued that remission is not pardon, the effect of pardon can be to remit, fully or partly, sentences.
The provisions would not have been passed by each State Legislative Assembly if they were not in accordance with Islam and Islamic law.
The people are tired of political statements. Let's get on with nation building.
The government governs, the Opposition checks and balances responsibly.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
