Analysis: Terengganu Syariah Criminal Offences Enactment
Analysis:
Terengganu Syariah Criminal Offences Enactment
Analysis:
Terengganu Syariah Criminal Offences Enactment
{pods_resources_highlights}
Criminalisation
Legal Gender Recognition
December 1, 2022
The Terengganu Syariah Criminal Offences (Takzir) Enactment was amended in December 2022.
The analysis unpacks the amendments were made:
- Part 2: Offences relating to Aqidah
- Part 3: Offences Relating to the Sanctity of the Religion of Islam and Its Institution
- Part 4: Offences Relating Decency
The amendments restrict already limited freedoms and rights guaranteed under the Federal Constitution and international human rights law, including equality and non-discrimination, right to the highest attainable standard of health, right to live with dignity, right to privacy, freedom of expression, freedom of religion and belief, freedom of movement, right to make informed about the decision, among others. The amendments have an overarching impact on non-Muslim persons, businesses and healthcare service
providers.
The introduction of new sections and other amendments show that:
1. The state’s punitive and retributive approach to human rights and social issues has a harmful cascading impact on access to information, services, and opportunities.
Across the board, the state opts to deal with issues through the enforcement of punishment. For instance,
- in the case of pregnancy out of wedlock, the state opts to punish pregnant couples for consensual sex, instead of promoting comprehensive sexuality education and contraceptives.
- The state chooses to criminalise the consumption of intoxicating drinks instead of increasing educational campaigns to allow people to make informed decisions about their health.
- Similarly, the state adopts a punitive measure against those who flout Ramadhan, instead of raising awareness and activities to promote the benefits of fasting and Ramadhan.
Terengganu state government’s lack of evidence and human rights-based approach in law-making deepens inequalities in Terengganu among all persons regardless of religious background.
2. Violation of rights and Federal-state jurisdiction provisions under the Federal Constitution, international human rights law, and Malaysia’s global commitments.
The criminalization of pregnancy, LGBT persons, gender and self-expressions, consensual sex, blanket ban on sorcery, witchcraft and medical practices and treatments that are deemed inconsistent with hukum syarak, among others violate human rights safeguarded under international human rights law and the Federal Constitution.
The restriction of rights guaranteed must adhere to the test of legality, proportionality, and necessity.
Moreover, the Federal Constitution also clearly notes that matters related to health, and freedom of expression fall under the jurisdiction of the Federal government.
The trend of retributive and harmful laws calls for a guideline for state assemblies in making laws that are aligned with the Federal Constitution and international human rights law. Terengganu state government’s lack of evidence and human rights-based approach in law-making deepens inequalities in Terengganu among all persons regardless of religious background.
3. The dual impact of rising conservative and right-wing ideology in the suppression of rights and maintenance of conservative power.
These laws, inspired by conservative ideology, reinforce binary gender roles and norms and suppress sexual and reproductive health and rights as well as the plurality of ideas, expressions, and identities.
The increasingly punitive amendments to the Terengganu Syariah Criminal Offences Enactment, which come after similar amendments to the Kelantan Syariah Criminal Offences Enactment, is concerning. This trend is projected to continue in other conservative PAS-dominated states like Pahang and Kedah.
The trend of retributive and harmful laws calls for a guideline for state assemblies in making laws that are aligned with the Federal Constitution and international human rights law. Terengganu state government’s lack of evidence and human rights based approach in law-making deepens inequalities in Terengganu among all persons regardless of religious background.
Publication date
December 2022
Organisations
Justice for Sisters, Sisters in Islam, Legal Dignity
Writers, editors, researchers & designers
thilaga sulathireh, Suri Kempe, and Breena Au