Proposal to prosecute non-Muslims for khalwat
Proposal to prosecute non-Muslims for khalwat
By IZATUN SHARI
KUALA LUMPUR: A seminar on Syariah Law review wants non-Muslims found committing khalwat (close proximity) with Muslims to also be held liable.
This was among the proposals made at the two-day seminar organised by the Islamic Institute of Understanding Malaysia (Ikim) and the Syariah Judiciary Department Malaysia.
Syariah Court of Appeal Judge Datuk Mohd Asri Abdullah said the seminar had proposed that non-Muslims committing khalwat with Muslims should also be sentenced accordingly, but in the civil courts.
“We don’t have the jurisdiction to sentence non-Muslims committing khalwat with Muslims,” he told reporters after closing the seminar on behalf of department director-general Datuk Ibrahim Lembut at Ikim here today.
“The Muslims can be sentenced in Syariah courts, and the non-Muslim partners can probably be sentenced in the civil courts, to be fair to both parties.”
He said the proposal, contained in a draft resolution at the seminar, would be forwarded to the Attorney-General’s Chambers.
“It is up to the Attorney-General’s Chambers or the relevant authorities to decide how to create such a law,” he said.
However, he declined to elaborate when the proposal would be forwarded to the Government.
Another proposal is to impose heftier penalties – of up to four times the current penalties – on Muslims caught for khalwat, prostitution, consuming alcohol and involvement in gambling activities.
Mohd Asri said Ikim and the department were proposing that the Syariah Courts (Criminal Jurisdiction) Act 1965 (Amendment) 1984 be amended to impose stiffer penalties of RM1,000 fine, or five years’ jail or 12 strokes of the rotan for Syariah Lower Courts and RM20,000 fine, or 10 years’ jail or 24 strokes of rotan for Syariah High Courts.
Current limits are a maximum of three years’ jail, or RM5,000 fine, or up to six lashes or any combination of these, and different states provide different penalties for these offences.
“This has not been reviewed since 1984. It has been more than 20 years,” said Mohd Asri.
There was also a proposal for Syariah judges to enforce whipping for these offences.
Another proposal calls for the establishment of a rehabilitation centre for those convicted of offences related to morals and faith such as prostitution and effeminate men, and enforcement of Section 54 of the Syariah Criminal Offences Act (Act 559) to set up such centres.
The seminar also agreed to a suggestion that a new provision be created for apostates.
http://www.thestar.com.my/news/story.asp?file=/2008/4/3/nation/20830111&sec=nation
seals: sitting at a quiet place or in a house together talking, can that be a civil offence? Then this should never be considered. There is no "fair to both parties" matters in LAW, if it not a civil offence it IS A NO NO!!!!!
I see this as trying "quietly" to bring in Syariah Law into Civil Law. If this is successful then next can be others that Syariah LAW could not impose on non-muslims will be done.
Then the Hotels and and PUB and Bar and gambling, Malaysian Airlines and any place that serves should not have Muslims employees/partners/shareholders etc. Please impose this on the civil law.... can you?
Others comments: http://blog.thestar.com.my/permalink.asp?id=13341
By IZATUN SHARI
KUALA LUMPUR: A seminar on Syariah Law review wants non-Muslims found committing khalwat (close proximity) with Muslims to also be held liable.
This was among the proposals made at the two-day seminar organised by the Islamic Institute of Understanding Malaysia (Ikim) and the Syariah Judiciary Department Malaysia.
Syariah Court of Appeal Judge Datuk Mohd Asri Abdullah said the seminar had proposed that non-Muslims committing khalwat with Muslims should also be sentenced accordingly, but in the civil courts.
“We don’t have the jurisdiction to sentence non-Muslims committing khalwat with Muslims,” he told reporters after closing the seminar on behalf of department director-general Datuk Ibrahim Lembut at Ikim here today.
“The Muslims can be sentenced in Syariah courts, and the non-Muslim partners can probably be sentenced in the civil courts, to be fair to both parties.”
He said the proposal, contained in a draft resolution at the seminar, would be forwarded to the Attorney-General’s Chambers.
“It is up to the Attorney-General’s Chambers or the relevant authorities to decide how to create such a law,” he said.
However, he declined to elaborate when the proposal would be forwarded to the Government.
Another proposal is to impose heftier penalties – of up to four times the current penalties – on Muslims caught for khalwat, prostitution, consuming alcohol and involvement in gambling activities.
Mohd Asri said Ikim and the department were proposing that the Syariah Courts (Criminal Jurisdiction) Act 1965 (Amendment) 1984 be amended to impose stiffer penalties of RM1,000 fine, or five years’ jail or 12 strokes of the rotan for Syariah Lower Courts and RM20,000 fine, or 10 years’ jail or 24 strokes of rotan for Syariah High Courts.
Current limits are a maximum of three years’ jail, or RM5,000 fine, or up to six lashes or any combination of these, and different states provide different penalties for these offences.
“This has not been reviewed since 1984. It has been more than 20 years,” said Mohd Asri.
There was also a proposal for Syariah judges to enforce whipping for these offences.
Another proposal calls for the establishment of a rehabilitation centre for those convicted of offences related to morals and faith such as prostitution and effeminate men, and enforcement of Section 54 of the Syariah Criminal Offences Act (Act 559) to set up such centres.
The seminar also agreed to a suggestion that a new provision be created for apostates.
http://www.thestar.com.my/news/story.asp?file=/2008/4/3/nation/20830111&sec=nation
seals: sitting at a quiet place or in a house together talking, can that be a civil offence? Then this should never be considered. There is no "fair to both parties" matters in LAW, if it not a civil offence it IS A NO NO!!!!!
I see this as trying "quietly" to bring in Syariah Law into Civil Law. If this is successful then next can be others that Syariah LAW could not impose on non-muslims will be done.
Then the Hotels and and PUB and Bar and gambling, Malaysian Airlines and any place that serves should not have Muslims employees/partners/shareholders etc. Please impose this on the civil law.... can you?
Others comments: http://blog.thestar.com.my/permalink.asp?id=13341
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