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Public caning unconstitutional: Malaysian Bar

  • "The Malaysian Bar is against public caning, including caning of students, as this is against fundamental human rights."

PETALING JAYA, July 14 (Sin Chew Daily) -- Kelantan state executive councilor Haji Anuar Tan Abdullah said the state government's legal advisor team would submit the Syariah Criminal Procedure Enactment 2002 (Amendment 2017) Bill to the regent of Kelantan Tengku Muhammad Faiz Petra within two months to seek his royal highness' consent.

Once approved, public caning can be carried out in the state.

However, the Malaysian Bar syariah law committee chairman Datuk Kuthubul Zaman b Bukhari felt that the amendment bill had contravened the Federal Constitution, and that public caning could only be carried out after amendments to the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355) has been adopted in the Parliament.

He told Sin Chew Daily public caning could not be carried out in Kelantan as this was against the Federal Constitution.

Article 75 of the Federal Constitution states that in the event the state law contradicts the federal law, the federal law shall prevail.

Kuthubul said the Malaysian Bar was against public caning, including caning of students, as this was against fundamental human rights.

Meanwhile, Syariah Lawyers Association (PGSM) president Musa Awang said the Kelantan state government could carry out caning in public before the amendments to RUU355 are passed in the Parliament, unless the convict is given more than six strokes of caning.

The maximum punishments for syariah courts under the existing RUU355 are three years imprisonment, RM5,000 fine and six strokes of caning.

 

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