Tag: Sheikh Ilyas Hussain

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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Sheikh Ilyas again summoned to Parliament Committee; says MPs “ignorant of Islamic ways”

Parliament’s Penal Code draft committee has once again decided to summon Chair of Adhaalath Party Religious Council and member of Maldives Fiqh Acadamy Sheikh Ilyas Hussain, after he failed to attend the committee’s previous summons.

The committee stated that it has asked Sheikh Ilyas to attend a committee meeting on May 15 regarding a sermon he gave at the Furugan Mosque in March titled “The Purpose of Islamic Shariah”.

In the sermon, Ilyas swore to God that the Penal Code was intended to destroy the religion of Islam. Calling the penal code “a trap made by the West” to eradicate Islam in the name of Muslims, Ilyas alleged that it did not have penalties for fornication, theft, corruption, forgery, or robbery. He further claimed the code stipulated that if a person claimed they were intoxicated when committing a crime, then they would not be subjected to punishment.

After the initial decision to summon Ilyas, Penal Code Committee Chair Maldivian Democratic Party (MDP) MP Ahmed Hamza rejected the Sheikh’s claims and stated that “[Sheikh Ilyas] has told the public that there are some provisions in the Penal Code that are not in it. We want to bring him and have a chat and inform him about the provisions that are there in the Penal Code.”

“MPs summon me as they are ignorant of the ways of Islam”: Ilyas

Upon being summoned to parliament again, Sheikh Ilyas told local media that 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 attends the committee meeting.

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

“I will strip the MPs naked”: Ilyas

Sheikh Ilyas was also reported in local media as stating that he would “strip the MPs naked” if he is summoned to the Penal Code Committee.

“I am willing to attend the committee. I will not be called Sheikh Ilyas if I fail to strip them naked. What will they prove? Who gave these people the right to take out the penalties defined in the Quran and categorise them into Part 1 and Part 2?” Ilyas stated.

Ilyas also called on all Maldivian media to broadcast the committee meeting which he is to attend live on TV.

Ilyas made the comments at the gathering held by Adhaalath Party and the National Movement at the Artificial Beach on April 30.

The Adhaalath Party has previously alleged that the parliament committee had added a clause to the Penal Code after Sheikh Ilyas gave the sermon in the Furugan Mosque, and accused the committee of orchestrating a cover up.

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Amputation for theft added to draft penal code

The draft penal code bill has been amended to include punishments as prescribed in the Quran, such as amputation for theft.

The new article added during a parliamentary committee meeting Thursday (March 28) states that if someone convicted of a crime requires legal punishment, as specified in the penal code, that person will face punishment as stated in the Quran.

MP Imthiyaz Fahmy clarified the amendment to the draft penal code is about hadd punishments only and “not at all” about all Sharia offences, speaking with Minivan News today.

“Hadd offenses are already crimes in the draft penal code. However the prescribed punishments in Sharia for those particular crimes are not codified in the draft penal code, but instead they are left up to the interpretation of Sharia,” stated Fahmy.

“But to completely evade making a reference to hadd punishments or to mention that no hadd punishment at all should be imposed is impossible to the the fact that Sharia shall be one of the basis of all the laws of the Maldives,” he added.

Criminal punishments are detailed for murder, fornication, thievery and drinking alcohol.

The committee’s chairperson, MP Ahmed Hamza, told Sun Online the new draft penal code will require amputating persons convicted of theft, while a person convicted of apostasy (renouncing Islam) will also face punishment.

The bill does not include apostasy as a crime, therefore someone found guilty of this offense cannot be subjected to Quranic punishment, committee member MP Ahmed Mohamed clarified.

Gambling is also not criminalised, according to committee member MP Abdul Azeez Jamaal Aboobakuru. He told local media that the bill does not “state a manner in which such crimes can be convicted”.

Fahmy explained that Sharia law does not prescribe a hadd punishment for gambling.

The penal code draft bill does include factors that must be considered before convicting a person of murder; for example, any contradictory evidence would prevent such a conviction.

Imposing the death penalty cannot be subject only to the confession of the accused.

“Sharia does not run headlong into death penalties, amputation or stoning to death. Therefore depending on the circumstances, Sharia may avoid capital punishments,” said Fahmy.

He further clarified that Sharia punishments may be interpreted according to any of the schools of Sunni Muslims.

While interpretation of Sharia law punishments are within the purview of Maldivian judges, Fahmy believes that the current judicial system is incapable of providing Maldivian people justice, even with the new penal code.

“I do not believe the judiciary and the criminal justice system in the Maldives is capable of doing justice or able to take care of the new penal code. The judiciary is unable to ‘keep up with the Jonses’,” Fahmy stated.

The parliamentary committee’s additions to the bill follow its rejection of all but one amendment suggested by the Fiqh Academy of the Maldives.

Speaking to local media on Monday (March 25), Hamza said the committee had decided to accept only a suggestion concerning the offence of theft. Other amendments, he said, were merely changes to the wordings of the bill and carried little legal weight.

“They have submitted amendments to abolish certain sections. These include certain legal defences. When we looked into removing those defences, we found this impacted fundamental principles embedded to the draft penal code. So we decided to reject their suggestions,” he stated.

Following the decision, Vice President of the Fiqh Academy Sheikh Iyas Abdul Latheef told local newspaper Haveeru that the academy had informed parliament that current draft penal code should not be enforced in the country.

“The current draft does not include the Hadds established under Islamic Sharia. There is no mention of the death penalty for murder, the punishment of stoning for fornication, the punishment of amputation for theft and the punishment for apostasy. We proposed amendments to include these punishments,” Latheef stated.

Comments submitted by the United Nation agencies in the Maldives, Human Rights Commission of the Maldives (HRCM), and Attorney General are being considered and incorporated into the draft text.

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 bill.

The bill was first sent to the Majlis (parliament) in 2006 and will replace the 1961 penal code.

The penal code bill is being forwarded to the parliament floor this upcoming week, according to local media.

False preaching regarding rape and fornication

The parliamentary committee slammed the “false preaching” of the Chair of Adhaalath Party’s Scholars Council Sheikh Ilyas Hussain over the bill earlier this week.

Sheikh Ilyas declared that the new penal code does not recognise fornication with mutual consent as an offence.

MP Nazim Rashaad contended that whether sheikh or not, nobody could misinterpret the clause and claim that the bill did not recognise “mutually consented sexual intercourse” as an offence, and accused the Sheikh of lying to discredit the bill and parliament.

Briefing committee members on the sections concerning sexual offenses, Rashaad stated that under the draft penal code, both fornication and rape are offences under section 411 of the draft bill.

The existing penal code does not explicitly recognise “rape” as a crime, and cases are handled under provisions for sexual offences.

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Government agreed to waive taxes for Nexbis, reveals Parliament’s Finance Committee

The Maldivian government agreed to waive taxes for Nexbis as part of the controversial border control agreement signed with the Malaysia-based mobile security provider, parliament’s Finance Committee has revealed.

The People’s Majlis secretariat explained in a statement yesterday (December 11) that the committee has sent a letter to President Dr Mohamed Waheed Hassan Manik noting the findings of an inquiry to determine the possible financial burden on the state due to the Nexbis deal.

“The Finance Committee told the President that the ties and cooperation between state institutions necessary for the border control system was non-existent,” the Majlis press release read.

The Finance Ministry meanwhile informed the public accounts oversight committee on November 13 that it has yet to receive a copy of the border control agreement.

The committee observed that the government had “not considered” that tax exemption was within the legislative powers of parliament.

Moreover, the committee noted that “no government department has to date” initiated any effort to approve waiving taxes for the Malaysian company.

The Finance Committee also informed the President that the relevant government authorities lacked “authentic and valid information” of the border control project.

The committee further noted that the relevant authorities did not offer “adequate cooperation” in providing information for the inquiry.

In a letter to the Finance Committee on November 1, the Immigration Department explained that the border control system agreement was signed before the Business Profit Tax (BPT) came into effect.

However, the government agreed to exempt Nexbis from the tax with a final decision to be made by the Finance Ministry, the Immigration Department said.

Nexbis deal

Speaking at a rally last month, parliament’s Minority Leader MP Abdulla Yameen called on the government to “immediately” terminate the agreement with Nexbis and contended that the project was detrimental to the state.

The parliamentary group leader of the government-aligned Progressive Party of Maldives (PPM) also criticised the government’s “hesitancy” to cancel the agreement despite the Anti-Corruption Commission’s (ACC’s) findings of alleged corruption in the deal.

Local media meanwhile reported that the Finance Committee had decided during a closed-door session last month to instruct the executive to halt the project.

The decision would however have to be approved through a vote on the Majlis floor following consideration of a report by the committee.

In September, the ACC informed the committee that the deal would cost the Maldives MVR 2.5 billion (US$162 million) in potential lost revenue over the lifetime of the contract.

Following its investigation into alleged corruption in awarding of the contract to Nexbis, the ACC requested the Prosecutor General’s Office (PGO) press criminal charges against former Controller of Immigration Ilyas Hussain, brother-in-law of President Waheed.

Almost a year after the case was forwarded to the PGO however, no charges have been pressed against the former immigration chief to date.

The ACC alleged that Ilyas Hussain had abused his authority for undue financial gain.

Ilyas – a senior member of Dr Waheed’s Gaumee Ihtihad Party (GIP) – was transferred from the post under former President Mohamed Nasheed when the corruption allegations first surfaced.

His successor Abdulla Shahid expressed concern with both the cost and necessity of the project, calculating that with continued growth in tourist numbers, Nexbis would be earning US$200 million in revenue over the 20-year lifespan of the agreement.

Following Dr Waheed’s swearing-in as president on February 7, Ilyas was reappointed controller of immigration. He was however replaced in May with Dr Mohamed Ali and appointed State Minister for Defence.

Former President Nasheed meanwhile alleged in a rally last month that Dr Waheed’s GIP’s Deputy Leader Mohamed ‘Nazaki’ Zaki was complicit in any alleged corrupt dealings in his role as Ambassador to Malaysia.

“Before the [border control] system was established, before there was even a contract in effect, I later heard that equipment was kept in some warehouses in Male’,” he said, claiming that the warehouses were owned by Nazaki Zaki.

Nasheed added that he “agreed completely with Yameen” that the allegations should be investigated.

The border control system is now up and running at Ibrahim Nasir International Airport (INIA), after a Supreme Court ruling in September in favour of Nexbis ended almost two years of efforts by the ACC to block the project.

Under the ‘build operate and transfer’ (BOT) agreement with Nexbis, the government is obliged to pay the security firm US$2 for every foreign passenger processed and US$15 for every work permit for the 20 year lifespan of the contract. Nexbis remains responsible for the upgrading, servicing and administration of the system.

Nexbis has continued to dismiss accusations of corruption within its deal with the Maldives government. The mobile security solutions vendor last year threatened to take legal action against any party in the Maldives alleging that the company was involved in corruption. Nexbis claimed at the time that the speculation over corruption in the deal was “politically motivated” and had “wrought irreparable damage to its reputation and brand name.”

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