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Terengganu tables Hudud Bill, drops two controversial provisions

The Syariah Criminal Bill was tabled for debate today by the Terengganu state government, at the start of the three-day State Legislative Assembly session.

Two controversial provisions calling for lashing or death by stoning, if found that a victim of rape had made a slanderous accusation, were deleted from the Bill.

The Bill seeks to criminalise theft, robbery, extramarital sex, liquour consumption, apostasy and armed rebellion.

In recent weeks, the hudud and qisas state laws proposed by the Terengganu PAS government had been vigorously opposed, particularly by the federal government, political parties, non-governmental organisations and women's groups.

Provisions relating to rape were vocally criticised as being discriminatory towards women. It was argued that the burden of proof would be raised against the victim. The law would require the victim to present four Muslim male witnesses to the act, to enable the court to consider a conviction.

Last month, in response to public criticism, acting PAS president and Terengganu Mentri Besar Abdul Hadi Awang gave the assurance that the two provisions on punishment of a rape victim who cannot prove the allegation, would be deleted.

If a victim is unable to provide sufficient evidence or the required number of witnesses, then the case would no longer be heard under hudud law, but under previous non- hudud provisions.

Criticism by Opposition partners

Leading the charge against the proposed law was DAP national chairperson Lim Kit Siang, who argued that the Bill was in contravention of the Federal Constitution and that it violated human and women's rights.

He said the proposed penalties of 80 lashes for a woman who reports but is unable to prove the act of rape, stoning to death for adultery, and death for apostasy, contravenes the constitutional limits restricting state syariah laws to sentences no more than three years' jail, RM5,000 fine, or six strokes of rotan.

Parallel criticism over the lack of debate and opinion gathering over the Bill was also raised by Pas' coalition ally Parti Rakyat Malaysia.

PRM president Syed Husin Ali opposed the Bill on the basis that there had been no real prior debate between PAS and coalition partners PRM and Keadilan on the contents. He said a debate would have helped bring clarity and prevented politicisation of the issues.

Debate over the Bill is expected to continue into tomorrow's and Tuesday's sessions. The Bill is expected to be passed as 28 of the state assembly seats are held by PAS representatives. Umno representatives hold the four opposition seats.


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