Terengganus proposed bill on Syariah law discriminates rape victims: NGOs
Eleven non-governmental organisations (NGOs) which advocate women's rights condemned the Terengganu state government's proposed bill on Syariah Criminal Laws ( hudud and qisas ), claiming that it discriminates rape victims.
In a joint statement yesterday, the NGOs described the proposed bill as "a total distortion and pervasion of God's Law" which not only discriminates women but also further victimises the gender as sexual assault victims.
Among the NGOs are Sisters In Islam, National Council of Women's Organisations, All Women's Action Society, Association of Women Lawyers, Women's Aid Organisation and Penang's Women Crisis Centre.
"It is man-made codifications which not only discriminate women but further victimising them by specifically discouraging rape victims from coming forward with their complaints," it claimed.
The groups specifically mentioned sections Section 9, 43(1) and 48(2) of the proposed bill which mainly discussed about rape and illicit sex ( zina ).
They claimed that under these sections, a woman who reports that she has been raped will be charged with qazaf (slanderous accusation) and flogged 80 lashes if she is unable to prove the rape.
They said that the provisions also provide that an unmarried woman who is pregnant is assumed to have committed zina , even if she is raped, and disqualified women's credibility as witnesses.
Burden of proof
"Rape is a serious offence and justice demands that the state initiates proceedings against the alleged rapist and the burden of proof is on the state, not the victim," they said.
The NGOs said the failure to draw a distinction between rape and zina in the hudud law of many Muslim countries has led to many rape victims being charged with zina and qazaf , just because they could not bring four male witnesses, as required, to prove that they were rape victims.
Similar provisions are also contained in the Kelantan Hudud Enactment 1993 and women's groups in Malaysia had raised their objections. However, the Terengganu state government not only ignored their concerns, but also included an additional discriminatory provision to flog women for qazaf .
"It would seem to give licence to rapists to rape women with impunity — it provides effective escape for the rapist and guarantees punishment for the victims who are brave enough to come forward or unfortunate enough to get pregnant," the NGOs said.
They claimed that the irrational provisions are man-made innovations as there are no such provision in the Quran or authentic hadith which mostly aimed at protecting women.
Misleading interpretation
However, PAS secretary-general Nasharuddin Mat Isa said that all provisions in the bill have strictly followed the Quran and authentic hadith which are the main guidance for Muslims and definitely not man-made.
He also told malaysiakini that the groups' interpretation of the provisions is wrong and misleading.
"How did they derive that the bill states that a woman who is pregnant is assumed to have committed zina , even if she is raped? Section 48(2) states that in the matter of zina , pregnancy or child-birth is considered as part of the evidence for zina unless it can be proven otherwise.
"It's obvious here that if there is proof that the pregnancy or childbirth is a result of rape, of course the woman is innocent," he explained.
As to the offence of qazaf , Nashruddin said that it applies to both men and women.
"If a man accuses another woman of committing a sexual offence and is unable to prove it then he is liable for qazaf and must be flogged too. There is no question of women discrimination here," he added.
Cannot be read in isolation
Further, these are only parts of the procedure and there are other sections which touch on acceptance of evidence relating to sex crime victims.
He stressed that these sections cannot be read in isolation as its implementation also includes other laws and enactments such as the Syariah law on evidence and procedural rules.
Perak Mufti Harussani Zakaria said that when a woman has positively identified a man as her rapist then she must be able to support her claim with valid evidence.
"It's the same in most legal systems where the burden of proof is on the complainant. A victim must convince the police that she was raped and subsequently to the court.
It is wrong for anyone to blatantly accuse someone of any offence, especially in such a serious offence such as rape," he said.
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