PAS today took Kelantan Umno deputy chief Zaid Ibrahim (photo) to task over his remark that the Syariah laws in the PAS-controlled states of Kelantan and Terengganu permitted husbands to sodomise their wives.

In a statement, Pas Youth Information chief Mohd Hanipa Maidin claimed that the Umno leader lacked the basic understanding of Syariah laws.

He cited Articles 16 and 17 of the Syariah criminal codes of Kelantan and Terengganu which state that sodomy "is an offence consisting of carnal intercourse between a male and another male or a female other than his wife, performed against the order of nature, that is through the anus."

"Just because the articles under question did not include the wife as a possible victim of sodomy did not mean that the act was allowed and not punishable," he said.

Mohd Hanipa, who is also secretary of the party's legal committee, added that this simply meant that the act did not fall under hudud laws.

He explained that sodomy committed by a husband on his wife simply fell under the category of discretionary laws known as ta'zir.

Lighter punishment

The PAS leader also noted that in the Federal Territory Syariah Criminal Act 559 (1997) section 2 also defined sodomy as "sexual intercourse between two males" and does not make any mention of women falling victims to the act.

"As such, which set of laws are more protective of women?" asked the PAS leader

He implied that the Federal Territory Syariah law stipulated a lighter punishment for the offence compared to the laws in the two PAS-controlled states.

Under the Federal Territory Syariah law, an offender can be liable to a fine not exceeding RM5,000, imprisonment not exceeding three years or caning not exceeding six strokes.

Whereas, Kelantan and Terengganu prescribe100 strokes of the cane as the lightest punishment for an unmarried offender while those married will be slapped with a stiffer sentence.

An insult

A number of Umno leaders and non-government organisation representatives have slammed the party for omitting wives as possible victims of sodomy.

Puteri Umno chief Azalina Othman Said described it as an insult to women while Pahang Menteri Besar Adnan Yaakob said this proved that PAS leaders "did not understand the true teachings of Islam."

On the other hand PAS Kelantan Youth chief Zulkafli Yacob has challenged Zaid to a debate. The latter has also threatened to sue the PAS governments over the matter.

PAS' Barisan Alternatif ally Parti Keadilan Rakyat (Keadilan) has threatened to lodge a police report against the Kelantan Umno leader for allegedly causing confusion about the laws.