Constitutional Law 1 - Assignment

Topics: Law, Jurisdiction, Supreme Court of the United States, Legislature, United States Congress, United States / Pages: 21 (6271 words) / Published: May 10th, 2015
CONSTITUTIONAL LAW
(LAW437)
ASSIGNMENT 2 (REDO)

PREPARED BY

: AINUL MASTURA BINTI HASHIM
(2013630282)
: NUR SYAHIRAH BINTI MT NAIN
(2013242524)
: MOHD IZWAN BIN DATO’ ZAKARIA
(2013469092)

PREPARED FOR

: PN. IRINI BINTI IBRAHIM

DATE OF SUBMISSION

: 27th DECEMBER 2014

Prepared by Ainul Mastura Binti Hashim, Nur Syahirah Binti Mt Nain, Mohd Izwan Bin Dato’ Zakaria
Prepared for Puan Irini Ibrahim
LAW 437

QUESTION
The Syariah Criminal Code II Enacment 1993, enacted by the Legislature of the State of
Kelantan in 1993 provides, inter alia, the following:







It condifed and defines the syariah law offences of sariqah (theft); hirabah (robbery); zina (unlawful carnal intercourse); liwat and mesahawah (intercource against the order of nature); homicide; causing bodily harm and iridad or riddah (apostasy).
For the above offences it provides for penalties ranging from death, death by stoning, amputation of limbs, whipping up to 100 lashes, imprisonment for life, imprisonment
“for such term as in the opinion of the (Syariah) Court would lead the offenders to repentance” and forfeiture of property to Baitumal.
Under section 41(1) of the Enacment it provides that “each witness shall be an adult male Muslim who is aqil baligh, and shall be a person of just.”
Under section 56(1) if provides that subject to subsection (2), this Enactment shall apply to every Muslim….”. But subsection (2) states that “nothing in this Enactment shall preclude a non-Muslim from electing that this Enactment apply to him…”.

The provisions of the Enactment are severely criticised by many Malaysian NGOs.
Your expert opinion is sought in relation to the following issues:
a) The Bar Council of Malaysia is of the view that the inclusion of criminal offences in the Enactment violates the federal-state division of powers. (5marks)
b) A number of human rights groups are of the opinion that punishment of apostates violates many provisions of the chapter on fundamental

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