Civil society activists who are up in arms over the public caning of two lesbians in Terengganu should respect the state Syariah Court’s decision, says PAS vice-president Idris Ahmad.
“These are comments from people who are well-read in terms of the law. They know that the Syariah court only applies to Muslims.
“They should have respected (the decision). This is actually enshrined in the Federal Constitution,” he said to reporters at the Selangor PAS headquarters on Monday (Sept 3).
Citing Article 121 of the Federal Constitution, Idris said that Syariah Courts have the jurisdiction to impose sentences on such offences, without elaborating further.
At the same time, Idris, without mincing his words, said that disgruntled activists should instead protest against public caning in the civil court.
“They should champion the issue of public caning in the civil court. We can easily Google pictures (of public caning) and even some reporters couldn’t bring themselves to see it.”
Article 121(1A) of the Federal Constitution states that the Syariah Court’s jurisdiction is confined to the persons and subject matters listed in the state list.
It also states that the jurisdiction of the Syariah Court must be provided for under the relevant state legislation.
Earlier Monday (Sept 3), two women who pleaded guilty to attempting to have musahaqah (sexual relations between women) under Section 30 of Syariah Criminal Offences Enactment (Takzir) (Terengganu), were caned six times at the Kuala Terengganu Syariah High Court.
The sentence drew the ire of many human rights group, with the Human Rights Commission of Malaysia (Suhakam) describing the punishment as humiliating and demeaning.
At the same time, a joint press statement by Justice for Sisters and Sisters in Islam described the public caning as a travesty and a grave miscarriage of justice.-.thestar.
