Tuesday, February 7, 2023

Kelantan Imposes Syariah Criminal Code And Here’s What Is Considered As A Crime!

NewsKelantan Imposes Syariah Criminal Code And Here's What Is Considered As A...

On 1 November, the state government had implemented the Islamic Syariah laws by enforcing the Syariah Criminal Code Enactment (I) 2019.

According to Sinar Harian, the Menteri Besar of Kelantan, Datuk Ahmad Yakob said they had selected retributive punishment (fair punishment) and restorative punishment to instill recovery and awareness into the Syariah offender.

He added that the enactment had also been approved by the Sultan of Kelantan, Sultan Muhammad V.

Meanwhile, The Star reported that the following acts that can be constituted as a crime in Kelantan:

  • Witchcraft
  • Necrophilia (having intercourse with a corpse)
  • Disrespecting Ramadhan
  • Renouncing Islam (or any attempts made)
  • Destroying worship places
  • Distorting and twisting the Islamic teachings
  • False accusation
  • Tattooing and undergoing plastic surgery

Under Kelantan’s Syariah Criminal Code (I) Enactment 2019, Syariah courts will be given the mandate to hear the cases in which punishments include a jail term of not more than 3 years and a fine of up to RM5,000 or 6 strokes of cane and that the punishment is categorised under ta’zir (crimes with discretionary punishments) and not under hudud (Islamic Penal Code).

Meanwhile, Datuk Ahmad said the enforcement of this enactment was aimed at educating and bringing the offenders back to the right path of Islam, and not just to punish them.

Harakah Daily also reported that this enforcement is in line with their aim to guide the offenders to not repeat the same mistakes in the future. It is said that the enforcement will educate society to avoid any crimes, especially the horrendous ones.

Besides, Datuk Ahmad also said that ever since PAS has been given the mandate by the people to govern Kelantan since 1990, they have continuously put in efforts to make Islamic law applicable in the state.

“The Kelantan State Legislative Assembly (DUN) passed the Syariah Criminal Bill in 1993 before the creation of the Kelantan Syariah Criminal Law (II) Enactment 1993.

“However, the 1993 edition of the enactment could not be enforced due to certain reasons and obstacles.” he said.

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