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THE Kelantan state assembly yesterday passed amendments to the Syariah Criminal Procedure Enactment 2002 which allows public caning for four syariah offences — zina , false accusations of zina, sodomy and alcohol consumption.
State Dakwah, Information and Liaison Committee chairman Datuk Nassuruddin Daud said under the amendment, perpetrators could be handcuffed, and video and other electronic evidence could be accepted during court trials.
Nassuruddin said like the Syariah Criminal Code Enactment II, it would apply only to Muslims and caning would involve offences under the code which allowed for the sentence.
“There are 33 amendments. Most of them are technical in nature to detail procedures in undertaking the sentencing, including which part of the body is to be caned, the position of men and women when they are being caned, and how the caning will be carried out.”
He said the amendments were made because the enactment was 15 years old and many suggestions had been received from practitioners on certain provisions.
He said it needed to be amended because of rapid changes, and that it would complete and strengthen the framework of the syariah legal system in Kelantan. Nassuruddin said the amendments were filed by the review committee led by Tawang assemblyman Datuk Hassan Mohamood.
“The committee held 14 meetings from early 2015 until last month.”
Nassuruddin tabled the proposal, which was seconded by state Women, Family and Welfare Committee chairman Mumtaz Md Nawi.
The bill was passed by the state assembly after being debated by two state assemblymen.
Opposition chief Datuk Nozula Mat Diah, who was the first to speak, said Umno supported the amendments and would continue to support enactments on Islamic laws.
“We hope that Pas will not keep on saying in its ceramah that we reject Islamic laws as it is not true. Umno willl support all Islamic laws for the benefit of Muslims in the state.”
Pas Melor assemblyman Dr Mohd Yusnan Yusof said all parties must support the amendments as it was important for the development of syariah law in the country.
Deputy Menteri Besar Datuk Mohd Amar Nik Abdullah said the bill was part of the procedure to implement the Syariah Courts (Criminal Jurisdiction) Act 1965, or RUU 355, if it was approved by Parliament.
He said previously, caning was carried out in prison.
“However, with the amendment, it can be carried out in public or prison depending on the court decision.
“This is in accordance with Islam, where the sentencing must be done in public,” he said after the closing of the state assembly here yesterday.
State Syariah Court chief judge Datuk Daud Muhammad said public caning, if carried out in Kelantan, would be the first in the country.
At the moment, he said, caning was carried out only at the Pengkalan Chepa prison here.
“Caning is being carried out by a prison warden, witnessed by a Muslim doctor and at least four Muslim witnesses.
“This can also be considered as in the open and those interested to watch the caning can apply to the authorities.”
Daud said punishment at the prison, however, could be stopped if directed by a doctor.
“If the doctor sees that the offender is lifeless or in pain after receiving one or two strokes of the rotan, he (the doctor) can order the warden to stop the caning.”