Hudud: Offenders could be punished twice for their crimes - Malaysian Bar

Malaysian Bar president Steven Thiru described the newly-passed Syariah Criminal Code (II) (1993) 2015 Enactment as “unconstitutional, discriminatory and divisive”.

In a statement issued Friday, Thiru who is the legal body chief said that if hudud were brought into the criminal justice system it would result in a rewriting of the Federal Constitution.

"If hudud were brought into the criminal justice system it would result in the importation of Islamic penal law into a secular system and this would result in a rewriting of the Federal Constitution," said Thiru.

Thiru also claimed that the enactment goes against the secular structure of the Constitution, in which he said does not envisage a theocratic Islamic state.

Regarding the law as inconsistent with some of the provisions of the Constitution, he said hudud would breach Article 7(2) of the Federal Constitution which protects against repeated trials of accused persons in criminal offences.

“A Muslim person, who is tried and convicted for an offence under the Penal Code, may then be exposed to a second trial for the same offence and punished under hudud laws. This would be in breach of Article 7(2)," said Thiru.

He stressed that there can be no replications of any of the offences within any Federal Law with a different degree of punishment only for Muslims.

He said these laws, if enacted, must themselves be consistent with fundamental liberties guaranteed to all citizens, including Muslims, under Part II of the Federal Constitution.

"The passing of the Syariah Criminal Code (II) (1993) 2015 Enactment by the Kelantan State Assembly yesterday demonstrates the State Legislature’s indifference and disregard for our constitutional scheme.

"The Malaysian Bar calls upon the Kelantan State Assembly to respect and abide by the Federal Constitution, and repeal the Syariah Criminal Code (II) (1993) 2015 Enactment immediately," he added.

However, despite the claim made by Thiru that the law would result in the rewriting of the Constitution, Kelantan deputy Menteri Besar in a report by The Malaysian Insider had clarified that the private member’s bill is only to seek amendments to ‎Syariah Court (Criminal Jurisdiction) Act 1965 and it does not involve amending the Constitution.

On Thursday, the Kelantan State Legislative Assembly passed the amendments to the Syariah Criminal Code II 1993 (Amendment 2015) or hudud.

The Bill was passed with a unanimous vote from its lawmakers, and the amended has to be tabled in Parliament before it supersedes the Penal Code.