Sisters In Islam Questions Kelantan Shariah Enactment

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Menteri besar Ahmad Yakob said the Kelantan shariah enactment aims to educate and bring offenders back to the right path of Islam and not just punish them.PETALING JAYA: Women’s rights NGO Sisters in Islam (SIS) has questioned the “restorative and retributive” nature of the Kelantan Shariah Criminal Code (I) Enactment 2019 that came into force yesterday.
“(Menteri besar) Ahmad Yakob’s statement that the Kelantan Shariah Criminal Code (I) Enactment 2019 is ‘restorative and retributive’ and ‘aims to educate and bring offenders back to the right path of Islam and not merely punish them’ is questionable and poses a grave concern.
“What does ‘restorative and retributive’ actually mean in this context?” SIS asked in a statement today.
“While there is mention of conducting social services for youth offenders under the supervision of imams in mosques, what is the understanding of restoration and retribution for actions that are deemed crimes under this Shariah criminal code and how will this be achieved in the looming tabling of the (amendments to) Act 355?” it asked.
SIS also said that the Shariah enactment was unconstitutional, citing the verdict of a Federal Court judgment in the case of Iki Putra bin Mubarak v Kerajaan Negeri Selangor & Anor on the criminalisation of unnatural sex on Feb 25, which said that only Parliament is empowered to legislate such act.
The NGO also said the Kelantan law enactment portrayed Islam in a negative light and was an affront to democratic values.
“We find these developments (on the Shariah enactment) concerning and dangerous as they violate fundamental principles of democracy by suppressing critical thought and expression through arbitrary provisions and punishing those who do not toe the line.
“It does not reflect an inclusive, progressive and tolerant Islam but merely showcases Islam as a punitive religion. Very few Muslims have the courage to question, challenge or even discuss matters of religion, even when they doubt teachings that appear unjust and incongruous to changing times and circumstances,” said SIS.
The enactment received the consent of Kelantan’s ruler, Sultan Muhammad V, on July 14 last year.
Ahmad said the enactment empowers Shariah courts to hear cases that carry the punishment of a jail term of not more than three years and a fine or six strokes of the rotan.
There are 24 new provisions in the enactment that covers matters, such as witchcraft, false claims, attempts to convert out of Islam, distortion of Islamic teachings, disrespecting the month of Ramadan, destroying houses of worship, and sexual intercourse with corpses and non-humans. - FMT

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