PAS plans for strict Islamic law face hurdles
PAS plans for strict Islamic law face hurdles
Agence France-Presse, Kuala Lumpur
Attempts by two opposition-ruled Malaysian states to impose strict Islamic criminal law, including amputation of limbs for theft, were challenged in court here on Friday.
The case was brought before the Federal Court by a member of the Muslim Lawyers Association of Malaysia, Mohd Zaid Ibrahim, who charged that the moves were unconstitutional, the official Bernama news agency reported.
The two states in question are northeastern Kelantan and Terengganu, which are ruled by the hardline Parti Islam SeMalaysia (PAS) which wants to create a Islamic state in this multi-cultural country.
Mohd Zaid argued that in terms of the constitution the powers to pass criminal laws were vested in the federal parliament and government.
"I feel that the fundamental liberties I personally enjoy as a Malaysian under the federal constitution and as a resident of the state of Kelantan are being threatened by the proposed legislations," he said.
Kelantan has been in PAS hands since 1990 and the party tried to introduce Sharia criminal law three years later, but the federal government refused to sanction its use.
The same sort of stand-off is now shaping up in Terengganu, won by the PAS in 1999 elections, where the authorities plan to introduce the law next month.
"I see that the actions by the Kelantan state government in 1993, and the Terengganu government now, challenged the integrity of the constitution and the law," Mohd Zaid told reporters after filing his case.
The move by Terengganu has already come under fire from women's groups who say strict Islamic laws discriminate against women.
Zainah Anwar, executive director of Sisters In Islam, pointed to a proposed law which stipulates that a rape victim who fails to produce proof of the crime would instead be found guilty of adultery.
The victim is required to produce four Muslim men of good character as witnesses to the rape, failing which she could face a punishment of 80 strokes of the whip.
"It is shameless. Where will you find four men of good character to just stand by and witness a rape?" asked Zainah.
Muslim make up 60 percent of Malaysia's 23 million population and the introduction of Sharia law is also opposed by members of the large ethnic Chinese and Indian minorities.
At present, Sharia law covers civil matters such as divorce for Malaysian Muslim, but is not part of the criminal code under the government of Prime Minister Mahathir Mohamad.
Meanwhile, the European Parliament called upon Malaysia on Thursday to repeal its Internal Security Act (ISA), saying it was being used to crush political dissent.
"The human rights situation in Malaysia continues to deteriorate rapidly, largely because of Mahathir's determination to crush his political rivals," a resolution issued in Strasbourg said.
The resolution cited reports from the Malaysian Human Rights Commission and other groups that more than 40 people are being held without charge or trial under the ISA.
At least eight of them, the EU parliament said, were being detained "on grounds of the peaceful expression of their political or religious beliefs."
The parliament called upon Mahathir's government "to abolish the ISA and other laws that allow for detention without trial," and to either free or try persons currently detained under the act.
It also urged the European Commission and the 15 EU member states to link the development of relations with Malaysia to "Malaysia's willingness to pay urgent attention to the observation of universal human rights within its borders."