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Subject: does it always take two ?
Replies: 20 Views: 233

urvoice1 16.06.13 - 11:51pm
The Joint Action Group for Gender Equality (JAG) is deeply disturbed over the news report that the Johor Religious Department has whipped 24 women and 17 men since 4 April 2013 and sentenced another 22 women and 17 men to the same fate for allegedly committing incest and having sex outside of wedlock. * +

urvoice1 16.06.13 - 11:51pm
Crime of Incest. It is grossly unjust that the Syariah Criminal Offences Laws renders a victim of incest liable to a charge of illicit consensual sex. This fails to recognise the power dynamics in sexual crimes that occur within the family. No victim should be punished or even charged for the crime of incest. * +

urvoice1 16.06.13 - 11:51pm
A higher number of women have been whipped and sentenced thus far in contrast to men. This imbalance reflects the common outcomes in other Muslim countries with Syariah laws where disproportionate numbers of women are charged and found guilty of sexual crimes, compared to men. * +

urvoice1 16.06.13 - 11:52pm
Conflict of laws. Both the Penal Code (s.376) and the Johor Syariah Criminal Offences Laws (s. 20) contain specific provisions on incest, but the punishments differ. The cause of justice would be better served if those caught for incest are charged under the Penal Code, where a guilty party is liable to imprisonment for not less than six years and not more than 20 years. This sentencing properly reflects the gravity of the crime committed. However, under the state syariah laws,... * +

urvoice1 16.06.13 - 11:52pm
...a person who commits incest is liable only to a fine not exceeding 5,000 or to imprisonment for a term not exceeding three years, or to whipping not exceeding six strokes or to any combination thereof. * +

urvoice1 16.06.13 - 11:52pm
Given the conflict of law, Federal law should prevail and all crimes of incest should be prosecuted under the Penal Code to ensure consistency in the application of the law. * +

urvoice1 16.06.13 - 11:53pm
Degrading punishments go against the teachings of the Quran. The Johor Religious Department is now proposing convicted individuals be whipped in public spaces such as mosques on the highly subjective observation that the facial expressions of the punished individuals showed remorse. It is impossible to measure the degree of repentance based on someones facial expression. Moreover, there is still no solid evidence that whipping is an effective deterrent to violent or sexual crimes. * +

urvoice1 16.06.13 - 11:53pm
In past civilizations all over the world, in both the West and the East, severe physical punishments were common, especially during medieval times. There was nothing particularly Islamic about physical punishments. On the contrary, the spirit of the Qur'anic injunctions encouraged restraint and limited the then common practices of imposing physical punishments. It teaches the spirit of universal love, and emphasizes repentance and rehabilitation of sinners, and Gods forgiveness and... * +

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