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Thursday, April 24, 2014

MMA shocked and against 'surgeon-assisted' hudud plan

The Malaysian Medical Association (MMA) has expressed "shock" over a report that the Kelantan government will order surgeons to conduct amputations of limbs if it succeeds in implementing hudud.

Its president, Dr NKS Tharmaseelan ( right ), said that amputating the limbs of criminals convicted under hudud is "against medical ethics and practice".

He said that doctors have also been advised by the World Health Organisation not to witness or certify caning or whipping of criminals, and amputations are "far more serious".

"I implore the Kelantan government to rethink getting surgeons to do the 'menial' task of implementing a law that is against medical ethics and practice.

"Personally, I am totally against any law that requires disfigurement...

"Asking a surgeon to perform amputation is far more serious and definitely is opposed by the MMA," he said in a statement.

Tharmaseelan said that doctors are trained to care, treat and cure, and must obtain consent from patients, even if they are criminals. Failure to do so will be a breach of ethics.

As such, he said that MMA will lodge a report against any doctor who participates in hudud amputations by lodging a report against him or her to the Malaysian Medical Council for breach of ethics.

"This may lead to him being expelled from the medical register as a doctor. The MMA will also take action against him, and expel him from the association," he said.

Bernama yesterday quoted Kelantan Deputy Menteri Besar Mohd Amar Nik Abdullah as saying that the state plans to engage surgeons' services for amputations on criminals convicted under hudud, if it can be implemented next year.

"Once the punishment is meted out, the convict can return home without having to go through other punishments like imprisonment and so on," he reportedly said.

Will Kelantan penalise doctors who refuse?

Meanwhile, Perak MCA chairperson Dr Mah Hang Soon also expressed outrage over what he said is an act against the Hippocratic Oath taken by doctors.

A medical doctor himself, Mah said that under the oath, doctors cannot do anything to willfully jeopardise a person's health or render an able-bodied person disabled.

He also said that if no qualified doctor is willing to do the job due to risk of being taken off the medical registry, Kelantan will end up engaging "quack doctors" or "imposters".

Mah also sought clarification if doctors, anaesthetists, nurses and medical aides will be penalised by the Kelantan government for refusing to be involved in hudud amputations.

"Will there be enforcement officers standing inside the operating theatre, thereby increasing the risk of infection or possibility of any errors given the insurmountable pressure heaped on the medical team?

"Should not the operating theatre be prioritised for patients requiring surgeries rather than be wholly occupied to punish people deemed criminals for petty thefts under hudud law?" he asked.

The PAS-led Kelantan government, via PAS parliamentarians, plans to table a private member's Bill in the Dewan Rakyat as early as June to pave the way to implement hudud in Kelantan.

There are opposing views on the matter, but some legal experts argue that a constitutional amendment is required to allow the implementation of hudud at state level.

This is because hudud penalties are beyond what a state is allowed to mete out for criminal offences according to the federal constitution.

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