Tag: parliament

MPs vote against transferring immigration department under defence ministry

MPs today voted 27-23 against approving President Dr Mohamed Waheed’s decision to transfer the department of immigration and emigration under the defence ministry.

During the debate on the request by the President’s Office to endorse the changes to the defence ministry’s mandate, MP Mohamed Rasheed of the opposition Maldivian Democratic Party (MDP) proposed a motion against approving the changes.

The motion was carried with 27 votes in favour, 23 against and one abstention.

MDP MPs contended that the transfer of the immigration department in December 2012 contravened the constitution. The department was functioning under the home ministry at the time.

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Eight new seats to be added to parliament for next general election: Elections Commission

Elections Commission (EC) President Fuad Thaufeeg has said parliament will be increased by an additional eight constituencies for the next election.

As a result, the country’s 18th parliament elected in 2014 will have 85 parliament members.

The Maldives currently has a unicameral parliament consisting of 77 members who were elected in May 2009, replacing the previous 50 member parliament following the ratification of the new constitution in August 2008.

In an interview given to local media outlet Sun Online, Thaufeeg said that based on population statisticss received by the commission, the capital Male’ and seven other atolls will have new seats in parliament.

He also said the commission is currently working on drawing up the new constituencies and completing necessary documents which will then be submitted to parliament for endorsement.

The new parliament composition will include an additional seat for Haa Dhaal Atoll, Noonu Atoll, Alif Dhaal atoll, Thaa Atoll, Gaaf Dhaal Atoll and Addu City, while Male’ City will have two new seats.

Thaufeeg stated that the current number of seats decided by the elections will not be changed, and the figure until the election will remain as 85.

The elections chief also said that the constituencies are currently complied based on geographic location and population density.

However, even though the total number of seats to be elected will remain at 85, Thaufeeg said that there may be alterations brought in as to how the commission would draw the constituencies.

“The commission will consult with leaders of political parties and people of the atolls. The decision will be final after the parliament endorses the changes,” Thaufeeg said.

The Elections Commission is meanwhile facilitating the presidential elections scheduled to take place on September 7.

The commission has previously said that approximately 240,302 will be eligible to cast their vote in the presidential elections – 31,008 more than the number of eligible voters in the 2008 presidential elections (209,294).

The commission will formally declare the start of campaign season in July. However all major political parties including the opposition Maldivian Democratic Party (MDP), and government-aligned parties such as the Progressive Party of Maldives (PPM), Jumhoree Party (JP), Dhivehi Rayyithunge Party (DRP) and current President Mohamed Waheed Hassan’s Gaumee Ithiaad Party (GIP) have already begun their presidential campaigns.

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DQP MP Riyaz submits bill proposing hanging as preferred method of execution

Dhivehi Quamee Party (DQP) MP Riyaz Rasheed has submitted a bill to parliament proposing executions be carried out by hanging people sentenced to death in court.

Riyaz told newspaper ‘Haveeru’ that he submitted the bill because the government’s version of the bill, drafted in December 2012, had yet to be submitted to parliament.

According to Riyaz’s bill, the trials of people accused of offences punishable by death under the penal code are to be conducted with a defence lawyer, even should the defendant refused.

The bill requires the lower courts to forward a case report to the High Court 14 days from the date the trial reaches a conclusion. The High Court is required to conduct a trial to determine whether the lower court’s ruling is lawful.

Should this decision be upheld, the matter must then be referred to the Supreme Court, which issue the final ruling on the case.

According to the bill, the defendant is given the opportunity to meet his family and say his last words before he is hanged.

The bill obliges the state to delay implementing death sentences if the person is a minor, pregnant woman, mentally ill or suffering from a disease.

In December last year, Attorney General Azima Shukoor drafted a bill outlining how the death sentence should be practiced in the Maldives, with lethal injection being identified as the state’s preferred method of capital punishment.

The government’s draft, which has yet to be submitted to parliament was criticised by religious groups in the Maldives, who argued that the state’s method of execution should be beheading or firing squad.

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JSC meetings with Fahmy in attendance “not valid,” concedes Attorney General

Attorney General Aishath Bisham told parliament’s Government Oversight Committee yesterday (June 4) that official meetings of a state institution would not be valid if a member with disputed legal status was in attendance.

In response to a question by MP Ali Waheed, the committee’s chair, Bisham insisted that Mohamed Fahmy Hassan would not have to be reinstated as chair of the Civil Service Commission (CSC) after the Supreme Court ruled that his removal by parliament was unconstitutional.

“My stand on this has not changed at all,” she said.

While Fahmy returned to work following the Supreme Court judgment, both Bisham and her predecessor Aishath Azima Shukoor had contended that he could not remain in the post.

Despite the previous Attorney General informing Fahmy of her legal opinion, the CSC later revealed that Fahmy resumed work after a letter from the President’s Office authorised him to do so.

Fahmy also began participating in meetings of the Judicial Service Commission (JSC) as an ex-officio member in his capacity as CSC chair.

Bisham told the oversight committee last night that she had shared her concerns with the JSC but refused to answer further questions on the issue.

Fahmy was in attendance at a JSC meeting on May 29 where a petition by Bisham to indefinitely suspend High Court Chief Judge Ahmed Shareef was voted through with three votes in favour and one against. Fahmy reportedly abstained in the vote.

Local media meanwhile reported yesterday that the JSC nominated Fahmy to represent the commission on the 13-member Zakat Committee, which was set up to oversee the Zakat trust fund.

At last night’s committee meeting, MP Ali Waheed asked Bisham whether a meeting of any state institution or independent commission with the participation of a member whose legal status was disputed could be valid.

“It would not [be valid],” she replied.

Following her concession, the Maldivian Democratic Party (MDP) MP for Thohdhoo in Alif Alif atoll thanked the Attorney General and immediately adjourned the committee meeting.

Supreme Court ruling

Fahmy was dismissed from his CSC post in November 2012 in a no-confidence vote in parliament following an inquiry by the Independent Institutions Committee into allegations of sexual harassment against a CSC employee.

Both Fahmy and the victim were summoned to committee after the complaint was lodged in the first week of June.

Fahmy was alleged to have called the female staff member over to him, taken her hand and asked her to stand in front of him so that others in the office could not see, and caressed her stomach saying ”it won’t do for a beautiful single woman like you to get fat.”

MPs voted 38-32 to approve the committee’s recommendation to remove Fahmy from the post.

The Supreme Court however ruled 6-1 in March 2013 that Fahmy would receive two punishments for the same crime if he was convicted at court following his dismissal by parliament (double jeopardy).

The apex court contended that the Independent Institutions Committee violated due process and principles of criminal justice procedure in dealing with the accused.

Delivering the judgment, Supreme Court Justice Abdulla Saeed reportedly said that a person should be considered innocent unless proven guilty in a court of law and was entitled to protect his reputation and dignity.

In his dissenting opinion, Justice Muthasim Adnan – the only Supreme Court justice with a background in common law – however noted that article 187(a) of the constitution authorised parliament to remove members of the CSC “on the ground of misconduct, incapacity or incompetence.”

Article 187(b) meanwhile states, “a finding to that effect by a committee of the People’s Majlis pursuant to article (a), and upon the approval of such finding by the People’s Majlis by a majority of those present and voting, calling for the member’s removal from office, such member shall be deemed removed from office.”

Justice Adnan argued that an inquiry by a parliamentary committee into alleged misconduct would not be a criminal investigation. Therefore, he added, the oversight committee would not be required to prove guilt to the extent required at trial before making a decision.

He further noted that parliament’s dismissal under the authority of article 187 and a possible conviction at a late date could not be considered meting out two punishments for the same offence.

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Climate institutions in “flux”, consolidation needed for Maldives Green Fund success: leaked Transparency report

The Environment Ministry claims climate mitigation and adaptation projects have not been affected by government instability, however leaked draft Transparency Maldives reports indicate that climate governance institutions are in a state of “flux” and suffer from a lack of accountability, including the proposed Maldives Green Fund.

Currently, the Ministry of Environment and Energy (MEE) is implementing MVR 3.1 billion (US$201,298,810) worth of climate projects, which does not include donor funded programs implemented by “other sectoral agencies” and NGOs, MEE Environment Analyst, and contributor to the MGF’s establishment, Aishath Aileen Niyaz told Minivan News.

In an effort to merge all the currently established trust funds in accordance with the government’s Biosphere Reserve sustainable development policy, President Mohamed Waheed Hassan Manik’s cabinet recently proposed the establishment of a Maldives Green Fund (MGF).

“The Maldives Green Fund is designed to work as a national entity that would comply with international fiduciary standards for enabling, appraising and financing projects,” explained Niyaz.

“The MGF will act as both a funder and guarantor of projects in the areas of renewable energy and energy efficiency, biodiversity conservation, water management, waste management and capacity building and research in these areas,” she continued.

The current US$9.5 million Climate Change Trust Fund (CCTF) and US$138 million the Sustainable Renewable Energy Project (SREP) have been designed to complement the MGF, with both projects allocating resources for MGF capacity building, according to Niyaz.

“It is envisaged that by the time these projects are concluded, the MGF will be in a strong enough position to take manage such funds and take on the lead responsibility for such projects and in the Maldives,” said Niyaz.

She further explained that to protect climate funds from fraudulent practices “checks and balances” are in place, such as government anti-corruption procedures derived from financial laws and regulations, as well as rules of the implementing international organisation.

Niyaz also claims that government instability has not affected climate finance in the Maldives.

“Since most of the [climate change related] projects were ongoing at the time of [the 2012 government] transition, there was no real impact on their implementation. Furthermore, the negotiations for pipeline projects continued on pace,” she stated.

Meanwhile, “It is a general concern from Transparency Maldives’ studies that institutions in the Maldives, including climate institutions, are in a state of flux and not consolidated. New ones are being created and existing ones inactive or ineffective. This results in confusion, waste, delays, and duplications,” states a Transparency Maldives (TM) MGF Policy Brief dated December 17, 2012.

TM estimates that approximately US$160.5 million is being spent on various climate adaptation and mitigation projects through externally funded grants and loans, while an additional US$ 279,480,275 is required for short-medium term (10 years) adaptation and a further US$ 161,500,000 will be needed for long-term (40 years) adaption, states a Transparency Maldives Climate Governance Integrity Mapping of Climate Finance draft report.

“The fact that the state is a transitional democracy, with only emergent institutions of horizontal and vertical accountability, has posed significant challenges to climate change governance. The lack of a legislative framework for the sector also exacerbates the situation,” said the report.

“Moreover, the country is grappling with corruption and lacks effective governance mechanisms to address the issue. In 2010, Maldives was placed at 143rd on Transparency International’s Corruption Perception Index, with an average score of 2.3, indicating that perceived levels of corruption in the country are very high,” it continued.

The Maldives lacks a comprehensible overall institutional framework and comprehensive policy for addressing climate change, which adds to the confusion of the existing climate change mandates, TM identified. Additionally, no comprehensive database of climate projects currently exists.

This has resulted in ad hoc monitoring and evaluation of climate projects and institutional rivalry between ministries, according to TM.

“Another major challenge in climate change governance is the lack of experts in this area. The key climate experts of the country have multiple responsibilities and a very demanding schedule to fulfill their obligations. They are on multiple governing bodies…,” noted the report.

TM also highlighted the challenges that exist for ordinary citizens to gain access to information, including climate change related projects, despite the existence of a regulation on the right to information.

“Given that most official institutions are based in the capital island of Male’, accessing these information is especially challenging for the majority of the population who reside in other islands,” the report stated.

“In principle establishing a ‘green fund’ to consolidate climate change mitigation and adaptation money is ‘ok’ as long as it adheres to international best practices and good governance standards,” Transparency Maldives Climate Governance Senior Project Manager Azim Zahir recently told Minivan News.

Transparency Maldives had not responded to enquiries at time of press.

MGF plan

“One of the aims of the Maldives Green Fund is to roll out the Baa Atoll Conservation Fund – the funding arm supporting the Baa Atoll Biosphere Reserve – model to the entire country,” said Niyaz.

“The MGF will provide access to funds in simpler procedures for the private sector,” she added.

Essentially the MGF will function “largely as a co-financier of projects, and will work diligently to engage the financial support of other sources”, states a December 2012 draft 2 of the MGF triennial spending strategy 2013-2015.

MGF financial support – in the form of direct grants, interest rate subsidies and soft loans – will be available to “public institutions (including schools, hospitals, etc), small and medium sized enterprises, NGOs, government institutions at all levels, and natural persons,” notes the document. However, it “should be additional to other available sources of finance and not a replacement for them”.

The Maldives government is to provide the initial capital for the MGF, totalling MVR 3 million (US$194,805).

“The Fund’s limited resources will not be used to finance projects or activities that should normally be undertaken by government institutions and financed by government budgets, e.g. compensation and salaries of government authorities, trips of governmental officials to conferences, development of laws and policies, etc.,” both the December draft spending strategy and October 2012 draft 1 operational manual specify.

Despite these proposed regulations for project funding, the December 2012 MGF draft 5 legislation, provides MGF board of directors members remuneration in the form of a “fee for their work” and “reimbursement of expenses” to attend board meetings.

“The level of fees for participation in the work of the Board of Directors shall be defined by the Board of Directors itself, taking into account compensation fees for Board of Directors members of similar government companies established in the Republic of Maldives and complying with the provisions of the President’s Decree as regards maximum permissible levels of administrative costs,” as stated in Fund Governence, section 2 article 12 of the MGF draft legislation.

Compensation for board of directors members is also included under administrative costs in the fund spending policy section four, article 12.

The MGF board of directors will be comprised of a chairperson from the MEE and representatives from the Environmental Protection Agency, Ministry of Finance and Treasury, Local Government Authority, Maldives National Chamber of Commerce and Industries, as well as Maldives Association of Tourism Industry and a non-governmental environmental organisation.

The 2013 budget will allocate US$166,320 for personnel compensation and US$7,000 for administrative expenditures.

However, the MGF education and research priority area will receive US$66,690.

As a supervisory mechanism, the MGF will establish an independent integrity unit and redress mechanism that will report to the board of directors, as specified in the draft legislation section 5 article 16.

“In line with the provisions of the President’s Decree, the Ministry of Environment and Energy [providing a chairperson for the MGF board] shall receive full and unrestricted cooperation from the Fund in order to exercise adequate administrative control and supervision of the Fund’s operations,” reads draft legislation section 2 article 43.

The draft legislation, operations manual, and triennial spending strategy documents were prepared by Æquilibrium Consulting for the MEE.

MGF recommendations

MGF documents, including the Operations Manual and Legislation were not provided to stakeholders like Transparency Maldives prior to the stakeholder conference on 11 December finalising MGF documents, TM claimed in their Maldives Green Fund Policy Brief.

Despite being given “insufficient time (a week)… to comment more specifically and comprehensively on documents of such a technical nature,” TM highlighted a number of MGF issues.

They recommend that the MGF be established through People’s Majlis (Parliament) legislation, notPresidential Decree, given that the “MGF is created to handle large sums of public money and projects and programme implemented for the public”, said the policy brief.

TM also identified the potential for MGF board members to have conflicts of interest which would “compromise independence of the directors” and recommended the government reconsider appointing an independent board.

They also “encourage that declarations of financial interests and disclosure of conflicts of interest be made public,” noted the policy brief.

Given that “minimal reference” is made to or incorporated from the Code of Corporate Governance, TM also recommended a code of conduct be established for all MGF employees which elaborates mechanisms, responsibilities, operations, and practices.

“Bringing forward” educational awareness and research activities is also emphasised, to ensure these activities “have the necessary impact during project cycles”.

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Journalists important for consolidating democracy: Parliament Speaker Shahid

Journalists play an important role in consolidating democracy in the Maldives, said Parliament Speaker MP Abdulla Shahid.

Shahid made the remarks while speaking at the official inauguration of Channel News Maldives (CNM) held last night (June 3) at Trader’s Hotel in Male’.

CNM Chairman Mohamed Ali Janah, senior dignitaries of the state, reporters from various media outlets, as well as members of the Maldives Media Council and Maldives Broadcasting Corporation also attended the launch ceremony.

CNM was registered as a newspaper on 3 May 2011 at the former Department of Information.

“The saddest thing that can happen is for the legislative body to try to tie down the journalists,” said Shahid.

Shahid emphasised that the country needs journalism that adheres to proper ethical standards and conduct. He also stated that journalists must remember they have to present themselves to the public daily and the public will not accept false information.

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Police summon JSC member over gang link allegations

Police have summoned the president’s appointed member to the Judicial Services Commission (JSC), Mohamed ‘Reynis’ Saleem, for questioning regarding allegations he commissioned gang activities.

Saleem reported to police headquarters in Male’ yesterday (May 25) to answer questions related to an ongoing police investigation.

He has been accused of “exploiting a gang to commit crimes, including mugging,” according to local media. Saleem allegedly enlisted a gang to recover money owed to him.

The case under investigation is not related to the Dr Afrasheem Ali murder, a police media official told Minivan News today (May 26).

“As the investigation is ongoing, I am not able to provide any further details. We are facing difficulties now,” the official said.

The police do not have any plans to arrest Saleem or forward charges to the Prosecutor General’s Office at this time.

Meanwhile, Saleem has refuted the allegations, claiming he has no links to gang members, or anyone affiliated with gangs, and he did not enlist gangs to conduct criminal activities.

“The first thing I want to make clear is that I don’t have any links with gangs, or links with any person connected with gangs,” Saleem told local media.

“The question the police asked was whether I had sent a group to collect some money owed to me by someone. I said that I never sent any group to collect any money for me. So if someone owed me money, I would go to court. I shouldn’t have to involve a group,” explained Saleem.

Saleem also denied allegations he had links to the Maldives National Defence Force (MNDF) officer Azleef Rauf, who was accused of planning the murder of MP Dr Afrasheem Ali by suspect Hussein Humam, and was subsequently arrested on May 23.

“A serious question is being raised, about a person named Azleef. When I read the papers today, there were reports about a person named Azleef. Right now is a very critical moment, and they have associated my name with his name. I don’t want any newspaper writing in this manner,” said Saleem.

Saleem claimed that his police summons was politically motivated and related to his current JSC responsibilities, but that he would “disclose details [about the allegation] when the right time comes.”

“It’s a personal issue”: JSC

“We believe the issue is unrelated to the JSC or JSC work,” JSC Secretary General Aboobakuru Mohamed told Minivan News today.

“It is a personal issue [of Saleem’s] and the commission is not going to do anything or comment,” said Mohamed.

“We don’t appoint members, the President or Majlis (parliament) does, and should take up the matter,” he added.

Former President’s Member on the JSC Aishath Velezinee told Minivan News that JSC members under police investigation should not participate in the commission while this was ongoing.

“When any JSC member is being investigated they should not be participating in the commission. It reflects on the commission and the status of the judiciary,” she said.

“The JSC should be above criticism. How can the public trust judges if JSC members are under question?” she asked.

“Saleem should refrain from participating in the JSC voluntarily, that would be the best course of action,” she added.

Velezinee explained that because “Maldivians do not think like that,” parliament should suspend Saleem from the JSC until the investigation is complete, as was the course of action taken with the Civil Service Commission (CSC) President Mohamed Fahmy.

“Parliament should put Saleem on leave, not as a punishment but until the investigation is over,” stated Velezinee.

“It doesn’t matter who it is, [allegations of] involvement in serious crime require a full investigation by the police,” she noted.

She further detailed that the appropriate course of action requires police to inform the Prosecutor General, who should then inform Parliament so they can take action.

“I welcome the police to investigate, although the police are not without question themselves,” said Velezinee.

“The government itself is in question, anything that happens at this moment will be politicised,” she added.

President’s Office Spokespersons Masood Imad and Mohamed Thaufeeq, as well as Parliament Speaker MP Abdulla Shahid were not responding to calls at time of press.

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Revised penal code will “destroy Islam,” insists Sheikh Ilyas

A draft penal code under consideration by parliamentary committee will “destroy Islam” in the Maldives if the bill is passed in its current form, Sheikh Ilyas Hussain of the Adhaalath Party (AP) repeatedly insisted at parliament today.

The chair of the religious conservative AP’s scholars’ council and member of the Fiqh Academy was summoned to the committee after claiming that the draft legislation (Dhivehi) did not include Shariah penalties for fornication, apostasy and violent robbery.

“If it is passed, there is no doubt that there will be no religion in this Muslim society that claims to be 100 percent Muslim. There will be no Islamic punishments,” Sheikh Ilyas stated in a sermon delivered at the Furqan mosque in Male’ on March 23.

Sections of an audio recording of the sermon were played at the committee meeting today.

Ilyas however stood by the assertion and pointed to the bill specifying two years banishment as the punishment for fornication, instead of public flogging as prescribed in the Quran.

“Refusing [to incorporate] a single Hadd [fixed punishments specifically mentioned in Quran] is destroying Islam,” he said.

Other hudud crimes include murder, theft, highway robbery, consuming alcohol, apostasy and defaming a chaste woman.

Responding to Ilyas’ allegations, MP Ahmed Hamza, chair of the committee, noted that the draft penal code specifies as offences zina (fornication), theft, alcohol consumption and illegally toppling the government.

Following tense exchanges between Ilyas and MPs in a question and answer session, Hamza however conceded that “some [hudud] punishments” were not included in the draft legislation.

Hamza explained that a provision (article 1205) was added by the committee after the draft penal code was opened for public comment, under which sentencing persons convicted for premarital sex to 100 lashes is left to the discretion of judges.

Hamza also observed that a high degree of certainty is required in Islamic Shariah to convict a person of a hudud crime, such as four witnesses to prove fornication.

The hudud punishments were not incorporated because the Maldivian judiciary does not have the competence and public confidence to deliver fair judgments, Hamza said.

“I believe that our justice system has not developed to the level of establishing hadd,” he said, adding that the Prophet’s (pbuh) sayings advised against meting such punishments if there was the slightest doubt.

The six-member select committee reviewing the revised penal code includes MPs Ahmed Hamza, Imthiyaz Fahmy and Nazim Rashad from the Maldivian Democratic Party (MDP), MPs Abdul Raheem Abdulla and Abdul Azeez Jamal Abubakur from the Progressive Party of Maldives (PPM) and MP Ahmed Mohamed (Vice Chair) from the Dhivehi Rayyithunge Party (DRP).

A revised penal code was submitted to parliament in late 2009 to replace the existing law put in place in the 1960s. The bill has since been at committee stage.

The initial draft of the penal code was prepared by legal expert Professor Paul H Robinson and the University of Pennsylvania Law School of the United States, upon the request of the Attorney General in January, 2006. The project was supported by the United Nations Development Program (UNDP).

Professor Robinson’s team have published two volumes (Volume 1 and Volume 2) consisting of commentaries on sections of the draft legislation.

“The author’s review suggests that the Maldivian criminal justice system systematically fails to do justice and regularly does injustice, that the reforms needed are wide-ranging, and that without dramatic change the system and its public reputation are likely to deteriorate further,” Professor Robinson wrote in his summary conclusion.

Fitna

At today’s meeting, MDP MPs accused Ilyas of “lying” and misleading the public when he swore by God during his sermon that Shariah punishments were not included in the revised penal code.

MP Imthiyaz Fahmy said he deeply regretted Ilyas’ remarks in his sermon that implied that members of the committee were not Muslims.

“I am aware that I am a Muslim, not because of any relation between myself and Sheikh Ilyas,” Imthiyaz said. “I am a Muslim because of a connection from the bottom of my heart to God.”

Inciting religious hatred was a crime under both domestic and international law, he added.

DRP MP Ahmed Mohamed said that the first draft of the bill was in conflict with Islamic Shariah but the committee has made significant changes at the advice of religious scholars.

He went on to defend the committees’ efforts in reviewing the bill in consultation with state institutions, religious scholars, legal experts and the Islamic Ministry.

PPM MP Abdul Azeez Jamal Abubakur meanwhile asked Ilyas why he chose to make allegations in public and sow discord instead of sharing his concerns with the committee.

He stressed that the review process was ongoing with the input of experts and religious scholars.

“When you say this is a law intended to destroy Islam, what happens is that we face threats,” he said. “People who love religion even called us kafir (non-believers) at the time. So this is a dangerous matter.”

The PPM MP for Laamu Maavah also disputed Ilyas’ claim that the bill did not specify consensual sex between adults as an offence.

In response, Ilyas said it was his duty to inform the public after the committee invited views and comments as most people were not well-informed on religious issues.

Ilyas also objected to a provision (article 411) exempting a woman from being lashed even if she confesses to fornication, if the man denies it and four witnesses are not produced.

“This is definitely against Islamic Shariah,” Ilyas said, adding that a confession at court should lead to punishment.

Sheikh Ilyas argued that such provisions contravened the constitution as article 10 stated that no laws contrary to any tenet of Islam shall be enacted in the Maldives.

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Adhaalath Party demands educational certificates of Penal Code Committee MPs

The Adhaalath Party has sent a letter to Parliament Speaker Abdulla Shahid requesting he clarify the educational qualifications of MPs in Penal Code committee before 10:00am tomorrow (14 May).

The letter was sent following the Penal Code Committee’s decision to summon Chair of Adhaalath Party’s Scholars Council, Sheikh Ilyas Hussain, after alleging he had made misleading comments about provisions of Penal Code bill during a religious sermon.

In a statement issued today, the Adhaalath Party confirmed the letter was sent because the Penal Code Committee had “invited” Sheikh Ilyas before  the committee.

This is the second time the parliament has sent summons to Sheikh Ilyas over his comments, after he failed to show up the first time.

According to local media, on March 22 Sheikh Ilyas held a religious sermon dubbed the ‘Purpose of Islamic Sharia’ at the Furuqan Mosque after Isha Prayers, where he swore to God that the new Penal Code was “made to destroy the religion of Islam”.

Local media reported that during the sermon Ilyas declared the Penal Code did not have penalties for fornication, theft, corruption, forgery or robbery, and that if a person committed a crime while intoxicated, they were not to be subjected to punishment. He also claimed that according to the new penal code, it was not a crime for two people to have consensual sex.

Ilyas declared that the Penal Code was “a trap made by the West” to erase Islam in the name of Muslims, and vowed that he was ready to argue the point even if all the country’s lawyers came out against him.

After being summoned to parliament for the second time, Sheikh Ilyas told local media  the committee continued to summon him only because they were ignorant of the Islamic way regarding the matters he had raised.

Ilyas stated that the parliament members who sat in the committee had insisted that the Penal Code did not have any clauses against Islamic principles, but only because none of them possessed sufficient religious education to understand the reality. He added that he will would explain the matter to the MPs through verses of the Quran and the sayings of the Prophet when he attended the committee meeting.

Ilyas further stated that the bill had a number of clauses which contradicted the penalties defined in Islamic Sharia, and that it had many “deceptive clauses”.

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