An amendment to make Islamic Shariah punishments mandatory in the new penal code was accepted for consideration at today’s sitting of the People’s Majlis.
Proposed by Adhaalath Party MP Anara Naeem, the amendment to article 1,205(a) (Dhivehi) reads: “If a person is found guilty of a crime with qisas [retaliation in kind] or hadd [a punishment fixed in the Quran or teachings of the Prophet], the sentence must be the penalty prescribed in Islamic Shariah.”
Introducing the amendment, the MP for Haa Dhaal Makunudhoo referred to Article 10(b) of the Constitution, which states, “No law contrary to any tenet of Islam shall be enacted in the Maldives.”
The new penal code is due to come into force on April 13. Anara noted that the law currently states that Islamic Shariah punishments must be meted out only for crimes with a punishment fixed in the Quran.
The purpose of her amendment is to “further improve” the provision in line with the constitution, Anara said.
The six crimes with punishments fixed in the Quran are theft (amputation of the hand), illicit sexual relations (death by stoning or one hundred lashes), making unproven accusations of illicit sex (eighty lashes), drinking intoxicants (eighty lashes), apostasy (death or banishment), and highway robbery (death).
The only one of these punishments that is currently implemented is the flogging punishment for illicit sexual relations, normally enforced on women. However, the home minister last year established a death chamber at Maafushi jail, ending a six-decade moratorium on the death penalty.
The amendment bill was unanimously accepted for consideration with 44 votes in favour and sent to the National Security Committee for further review.
Progressive Party of Maldives (PPM) MP Ibrahim Riza also proposed several amendments to the penal code on behalf of the government to correct minor errors and problems noted during the preparations for implementing the new law.
The government-sponsored legislation proposes amending issues of conflicting interpretations and confusing provisions as well as reordering sections.
Riza’s bill was accepted with 40 votes in favour and two abstentions.
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