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kembaraXtra-Islamic Law-Differences between Penal Code and Syariah Law
(Indecent Acts in Public Places)
1. Source of Law
2. Persons Subject to the Law
3. Nature of the Offence
4. Types of Conduct Covered
6. Jurisdiction
B. QUESTIONS AND ANSWERS
Question 1
Explain the offence of acting or behaving in an indecent manner in a public place under the Penal Code.
Answer:
Under section 294 of the Penal Code, a person commits an offence if he or she performs any obscene act, or utters obscene words or songs, in or near a public place to the annoyance of others. The offence requires proof of obscenity, public place, and annoyance. Upon conviction, the offender may be punished with imprisonment up to three months, a fine, or both.
Question 2
What is the offence of indecent behaviour under the Syariah Criminal Offences (Federal Territories) Act 1997?
Answer:
Section 29 of the Syariah Criminal Offences (Federal Territories) Act 1997 provides that any Muslim who acts or behaves in an indecent manner in a public place, contrary to Islamic law, commits an offence. The offence focuses on morality and decency according to Islamic principles. The punishment is a fine not exceeding RM1,000, imprisonment not exceeding six months, or both.
Question 3
Compare the elements of the offence under section 294 of the Penal Code and section 29 of the Syariah Criminal Offences Act 1997.
Answer:
Section 294 of the Penal Code requires the act to be obscene and to cause annoyance to others in a public place. In contrast, section 29 of the Syariah Criminal Offences Act does not require proof of annoyance but instead assesses indecency based on Islamic law. Furthermore, the Penal Code applies to all persons, while the Syariah provision applies only to Muslims.
Question 4
Discuss the differences in punishment for indecent acts under civil law and Syariah law in Malaysia.
Answer:
Under the Penal Code, the maximum punishment for indecent acts is imprisonment for three months, a fine, or both. Under Syariah law, the punishment is more limited but may include imprisonment up to six months, a fine up to RM1,000, or both. The difference reflects the constitutional limits placed on Syariah courts’ criminal jurisdiction.
Question 5
Why can indecent acts in public be punished under both the Penal Code and Syariah law?
Answer:
Indecent acts in public may fall under both the Penal Code and Syariah law because the two systems serve different purposes. The Penal Code protects public order and prevents annoyance, while Syariah law regulates moral conduct among Muslims. Both operate concurrently, subject to constitutional limits on Syariah court jurisdiction.
(Indecent Acts in Public Places)
1. Source of Law
- Penal Code: Section 294 and section 292, Act 574 (civil criminal law).
- Syariah Law: Section 29, Syariah Criminal Offences (Federal Territories) Act 1997.
2. Persons Subject to the Law
- Penal Code: Applies to all persons regardless of religion.
- Syariah Law: Applies only to Muslims.
3. Nature of the Offence
- Penal Code:
- Focuses on obscenity.
- Requires the act to cause annoyance to others.
- Covers obscene acts, words, songs, and materials.
- Syariah Law:
- Focuses on indecent behaviour contrary to Islamic law.
- Does not expressly require annoyance.
- Emphasises public morality and modesty.
4. Types of Conduct Covered
- Penal Code:
- Obscene acts in public.
- Obscene songs, words, recitations.
- Sale, possession, or circulation of obscene materials (s 292).
- Syariah Law:
- Any indecent behaviour in public that violates Islamic moral standards.
- Penal Code (s 294):
- Imprisonment up to 3 months, or
- Fine, or
- Both.
- Syariah Law (s 29):
- Fine up to RM1,000, or
- Imprisonment up to 6 months, or
- Both.
6. Jurisdiction
- Penal Code: Tried in civil courts (Magistrates / Sessions).
- Syariah Law: Tried in Syariah Courts within constitutional limits.
B. QUESTIONS AND ANSWERS
Question 1
Explain the offence of acting or behaving in an indecent manner in a public place under the Penal Code.
Answer:
Under section 294 of the Penal Code, a person commits an offence if he or she performs any obscene act, or utters obscene words or songs, in or near a public place to the annoyance of others. The offence requires proof of obscenity, public place, and annoyance. Upon conviction, the offender may be punished with imprisonment up to three months, a fine, or both.
Question 2
What is the offence of indecent behaviour under the Syariah Criminal Offences (Federal Territories) Act 1997?
Answer:
Section 29 of the Syariah Criminal Offences (Federal Territories) Act 1997 provides that any Muslim who acts or behaves in an indecent manner in a public place, contrary to Islamic law, commits an offence. The offence focuses on morality and decency according to Islamic principles. The punishment is a fine not exceeding RM1,000, imprisonment not exceeding six months, or both.
Question 3
Compare the elements of the offence under section 294 of the Penal Code and section 29 of the Syariah Criminal Offences Act 1997.
Answer:
Section 294 of the Penal Code requires the act to be obscene and to cause annoyance to others in a public place. In contrast, section 29 of the Syariah Criminal Offences Act does not require proof of annoyance but instead assesses indecency based on Islamic law. Furthermore, the Penal Code applies to all persons, while the Syariah provision applies only to Muslims.
Question 4
Discuss the differences in punishment for indecent acts under civil law and Syariah law in Malaysia.
Answer:
Under the Penal Code, the maximum punishment for indecent acts is imprisonment for three months, a fine, or both. Under Syariah law, the punishment is more limited but may include imprisonment up to six months, a fine up to RM1,000, or both. The difference reflects the constitutional limits placed on Syariah courts’ criminal jurisdiction.
Question 5
Why can indecent acts in public be punished under both the Penal Code and Syariah law?
Answer:
Indecent acts in public may fall under both the Penal Code and Syariah law because the two systems serve different purposes. The Penal Code protects public order and prevents annoyance, while Syariah law regulates moral conduct among Muslims. Both operate concurrently, subject to constitutional limits on Syariah court jurisdiction.
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