Fridae

The ruling Parti Islam SeMalaysia (PAS) state government in Terengganu, Malaysia has announced that from next month, it will begin enforcing controversial Islamic penalties for crime, such as death by stoning for sodomy and adultery, whipping for Muslims who drink alcohol and death for those who try to leave the religion.

Click on the link at the bottom of page 2 for more info on the Hudud and Qisas Enactment.

The party president, Datuk Abdul Hadi Awang, announced last Friday that the Terengganu Syariah Criminal Offence (Hudud and Qisas) laws, passed by the State Assembly in July last year, will be enforced soon after it is gazetted next month.

Datuk Abdul Hadi said that the Syariah courts are being organised and new judges and enforcement officers would be appointed to implement the laws as the Malaysian police force report directly to the federal government and will enforce only laws governed under the Constitution - which guarantees secular laws.

The PAS-ruled Kelantan State Assembly has passed the Syariah Criminal Enactment in 1993 but has yet to be implemented. The State had recently introduced a new ruling effective next year that bans women from being depicted on billboards and TV commercials.

It is unclear how the soon to be implemented Hudud laws will affect gays and lesbians in Terengganu as currently all Muslims in Malaysia are also subjected to Syariah laws imposed by the respective states although they are not consistent as each state draws up its own version.

A source who is an active member of the gay community in Kuala Lumpur told Fridae that most of the past sodomy cases have been tried under the federal laws as it is "actually more difficult to provide evidence in the Syariah courts."

Besides the Syariah laws, consensual sex between two men or women is also illegal under Section 377 and 377a of the Malaysian Penal Code.

He added that he is aware of very few cases where consensual acts have been prosecuted and the few that were, had political overtones. The other times the authorities used this law was to prosecute perpetrators of sex abuse against minors.

Datuk Abdul Hadi clarified that the police will not be involved in Hudud enforcement as it is the court which will decide on the cases and whether a particular crime falls under Hudud, Qisas(law of retaliation) or takzir (lighter punishment in the event that there is insufficient evidence for the purposes of meting out Hudud punishments).

Another Malaysian resident Fridae spoke to, said that where sodomy and homosexuals are concerned, both the existing Penal Code and PAS's intended laws are almost
equally unfavourable.

"Either way, sodomy is outlawed and should not be practised in Malaysia. Homosexuals cannot seek solace in the Federal Constitution at all. The only difference here would be the punishment that would be meted out."

Click on the link at the bottom of page 2 for more info on the Hudud and Qisas Enactment.

Anyone convicted under Section 377 faces up to 20 years imprisonment and a fine or whipping or up to two years if charged and found guilty of Section 377A.

Malaysia's Prime Minister Dr Mahathir Mohamad has meanwhile denounced the laws as a ploy by PAS to gain political support and to accuse the Barisan Nasional administration of being un-Islamic. Dr Mahathir will retire after 22 years of leading the country and his current deputy Datuk Seri Abdullah Ahmad Badawi will succeed him on Oct 31.

Women's groups in Malaysia have also protested the implementation of Hudud laws. Under this Bill, a woman who reports she has been raped will be charged for qazaf (slanderous accusation) and flogged 80 lashes if she is unable to prove the rape; the bill places the burden of proof of rape on the woman. To prove a rape, the victim must produce four adult male witnesses to prove that she is not a consenting party; a woman cannot be a witness in a Syariah court. The victim's own statement has no testimonial value.

An unmarried woman who is pregnant is assumed to have committed zina (illicit intercourse by an unmarried person), even if she has been raped. The punishment for zina is whipping of 100 stripes and 1 year imprisonment.

It is unclear which law will take precedence as this clash is in uncharted waters where even the federal government is said to be watching apprehensively.

If you need help in Malaysia

Residents in Terengganu or elsewhere in Malaysia who need support or counselling can call the KL-based PT Foundation on 603-4044 5455 / 66 (Mondays to Fridays 7.30pm - 9.30pm).

PT Foundation is an NGO working with marginalised communities including gay men, lesbians, sex workers, drug users, transsexuals, PLWHAs to provide HIV/AIDS and sexuality information, education, care and support. In reaching out to the gay community, they offer an enabling environment for gay men to be empowered to live the lives they choose to including access to accurate information to sexuality and HIV/AIDS prevention and support.

The foundation is also able to refer callers to the BAR Council Legal Aid Clinic or the Malaysian AIDS Council/ Legal, Ethics and Human Rights Committee for more qualified advice.

Do you think the Hudud laws would have impact on homosexuals in Terengganu? Given that the popular resort islands of Redang and Perhentian are ruled by PAS, will the new laws deter you from holidaying at the islands? Click on the forum links below to comment.