Conditional discharge exists in shariah law, says minister

Conditional discharge exists in shariah law, says minister

Religious affairs minister Na’im Mokhtar refutes PAS president Abdul Hadi Awang’s comment that the concept does not exist in Islam.

Na’im Mokhtar says a conditional discharge is legal under Section 13 of the Syariah Criminal Procedure (Federal Territories) Act 1997 in most states.
PETALING JAYA:
Religious affairs minister Na’im Mokhtar has refuted claims that the discharge not amounting to an acquittal (DNAA) verdict does not exist in shariah law.

In a statement, he said a conditional discharge is a concept that has been accepted and implemented by many legal systems across the world, be it civil or shariah courts.

“The religious affairs ministry advises everyone to act responsibly and avoid making statements that could mislead the public,” he added.

According to Na’im, a conditional discharge is legal under Section 103 of the Syariah Criminal Procedure (Federal Territories) Act 1997 in all states, except for Kedah, where it is listed under Section 104.

Marang MP Abdul Hadi Awang was reported to have said that there was no such thing as a “conditional discharge” in Islam, when debating the 12th Malaysia Plan mid-term review in the Dewan Rakyat yesterday.

He added that those who had faith would be willing to be punished (for their mistakes) in this lifetime.

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