The Terengganu Hudud bill, if passed, will contravene the Federal Constitution and violate several citizen rights provided by it, said a human rights group today.

Suara Rakyat Malaysia (Suaram) executive director Cynthia Gabriel said the Hudud bill is a contravention of the Federal Constitution as matters dealt with by the bill, such as criminal law, should fall under the purview of the federal and not the state government.

"In addition, [the Hudud bill] will have the effect of offences being stipulated by both Federal Law and State law which, if enforced, will have the effect of double jeopardy on the accused persons.

"The bill further provides for a range of punishments that are far in excess of the jurisdiction of the Syariah Courts," said Gabriel in a press statement.

Federal law currently restricts syariah courts from imposing sentences exceeding three years' jail, RM5,000 fine or six strokes of the rotan .

Gabriel said that Suaram find unacceptable several punishments in the Hudud bill such as the death penalty for apostasy, stoning to death for adultery, amputation of limbs for theft and lashings for consumption of alcohol.

"Suaram reiterates its position against any form of death penalty, torture and corporal punishment," she added.

According to Gabriel, the Hudud bill also violates several human rights guaranteed by the federal constitution, one of which is the freedom of religion provided under Article 11(1).

"The Bill will be applicable to all Muslims by virtue of them being Muslims and further purports to sanction Muslims on the basis of religious laws.

This contravenes the basic right of an individual to choose what religion he or she professes," she said.

No equality

In addition, the human rights activist asserted that the religious bill does not allow for citizen equality before the law by stipulating different rules for Muslims and non-Muslims.

For instance, the provision that Muslim women and non-Muslims cannot be witnesses for hudud and qisas offences is a matter for concern since the credibility and competency of a witness should not be based on the sex or religion of the witness, said Gabriel.

"In the case of rape, the victims, more often than not are women, will be the key prosecution witness... The [requirement] that a woman must produce four male witnesses of good character is completely illogical and unfair as it is common knowledge that there is hardly ever one, let alone four, witnesses to crimes of sexual abuse.

"The burden of proof as required in the Hudud bill renders it near impossible, if not impossible, to ever secure a conviction," she added.

Gabriel also criticised the provision in the bill allowing for non-Muslims to choose if they wish to be tried under syariah laws but denying the same choice to Muslims.

Different punishment

"If a Muslim and non-Muslim are both involved in a particular crime, one party will be punished differently to the other. This completely undermines the basic principle as enshrined within the constitution that all persons are equal before the law," she added.

Gabriel also concurs with the stand taken by women's non-governmental organisations in denouncing the bill which is said to discriminate against women.

"The bill unjustly presumes all single pregnant women as guilty of zina (adultery) and puts women in a position of having to establish their 'innocence'. This notion of 'guilty unless proven otherwise' goes against the basic tenets of law and the spirit of natural justice.

"We also cannot accept that the bill makes no distinction between rape and adultery...The trauma that is inflicted upon victims of rape, physically and psychologically, has been completely disregarded and minimised," she lamented.

The proposal of the Terengganu PAS government to introduce its controversial Hudud bill, known formally as the Terengganu Syariah Criminal Enactment Bill, has drawn flak from NGOs and other political parties in the country for its bias against women.

Despite the protests, the PAS government recently announced its intention to table the bill at the state legislature next month.