HRCM concerned over new Penal Code article on determination of penalties

The Human Rights Commission of the Maldives (HRCM) has expressed concern over an article added to the Penal Code Bill which gives judges the power to give sentences of penalties stated in the Islamic Sharia. The article also obligates sentencing convicts to penalties stated in the Quran, for crimes for which penalties are stated in the Quran.

The article added to the Penal Code draft states that if a person is convicted under the Penal Code for a crime for which a penalty exists in the Quran, the convict must be given the penalty stated in the Penal Code and the Quran.

Speaking at the Penal Code Committee, Vice President of HRCM Ahmed Tholaal said that granting such powers to judges is against the concept of the Penal Code.

“We noted that judges are given some powers in determining penalties. Our concern is, while the whole point of having a Penal Code such as the one we have is to codify the issues included in the Sharia according to Islamic Sharia, we believe that giving such discretionary powers is somewhat against the concept of the Penal Code,” he said.

Committee members responded by saying that no revisions can be made to the article whatsoever, as changes cannot be made in the name of the law, to matters stated in the Quran.

Naifaru MP Ahmed Mohamed said that regardless of the opposition groups’ concerns, there is ‘no other way’, but to include the penalties of the Islamic Sharia in the Penal Code.

“Whether this is the Penal Code or anything else, our country is an Islamic country. We say that we are a hundred percent Muslim country. So this country’s Penal Code should state the Islamic Sharia, no matter how concerned some groups may be.”

HRCM Member Jeehan Mahmood said that the commission would not want children below the age of 18 prosecuted or sentenced, and requested the MPs to reconsider the procedure stipulated in the Penal Code on prosecution and conviction of minors.

The MPs responded by saying that minors who are convicted would only have to execute their sentences once they turn 18.