Hudud: Can We Prioritise on Real Issues?
Read these first:-
(Which is more critical and urgent to the rakyat in Kelantan – tabling of a new Islamic laws that overlaps & duplicates the existing convention laws or reconstruction of homes & lives of people involved in the worst natural disaster that the country have seen? It is not an issue of religion or sedition but rather an issue of priorities. Source: The Malaysian Insider)
The real question is whether we are prioritizing the right things in this country.
As you are aware, the PAS led government had tabled the Syariah Criminal Code (II)(1993) (Amendment 2015) on last week to enable the implementation of PAS’ hudud law in Kelantan. And this was unanimously passed the next day by the State Assembly, much to the irk of its partners in the Pakatan Rakyat. The Bill is expected to be tabled to the Parliament so to ensure that the Kelantan Government will be able to enforce the hudud laws.
There are already plenty of arguments for and against it in the internet and have put a considerable crack on the alliance between DAP & PAS within Pakatan. We will see how BN comes into the picture once PAS tables the Bill in the Parliament. There are also been arguments in the internet that it will not impact the non Muslims and therefore they should not be talking about it or question it or having nothing to worry about. That is not true as well – just read on how Islamic law in this country will impact the non Muslims here
For me, it is simple – the politics and religion should never mix in the first place and so is the law of the country, especially when the country is consists of multi race, multi culture society. Otherwise it will going to be a very highly sensitive issue and wide open to personal interpretations and that is going to leave things very messy. The hudud proposed by PAS itself is now opened to many interpretations – from it being the God’s law to PAS party loose interpretation of God’s law:-
Writing in his blog OutSyed the Box, he republished an old article and said the word occurred in only 14 verses of the Quran and were used only in relation to social behaviour and domestic relationships, and not in the legal sense as used by PAS. He challenged readers, both Muslim and non-Muslim, to question the religionists and explain the difference between the “hudud” of the Quran and its usage by those such as PAS.
He dismissed the PAS usage by saying: “The Hudud Laws as propounded by PAS – that is exactly what they are, i.e. the hudud of PAS.”
The influential G25 echoed the same and in a broader perceptive:-
Questioning the necessity of hudud in Malaysia, G25 said any law passed after Independence is declared void if it is inconsistent with the Federal Constitution, as governed by its Article 4.
Citing several Islamic scholars, the group also expressed concern that the enforcement of hudud in PAS-led Kelantan would not be in line with Quranic teachings, and problematic due to its lack of modern and relevant interpretation.
G25 claimed that no state has fulfilled the pre-conditions needed to implement hudud as espoused by Sheikh Yusuf al-Qaradawi, the chairman of the World Union of Muslim Scholars: establishing a pious and God-fearing society, meeting the economic needs of the public, providing employment opportunities for all, and ensuring no poverty by closing the income gap.
Citing Institute of Advanced Islamic Studies chief Prof Hashim Kamali, G25 also said Kelantan’s original 1993 hudud bill had failed to reflect Quran’s balanced outlook or contemporary Malaysian society’s social conditions and realities.
Let’s consider the implications. Let’s ponder for a moment why there is an urgency for hudud when we already have a well entrenched and complete penal law in place? Why fix something that is not broken? There the police to investigate and arrest the criminal and we have the good hands of the law to determine and provide the correct punishments. Yes it is not perfect, there are loopholes but then again, largely it has been working well. Now why want to introduce another set of laws that runs parallel to this and create uncertainties and injustice?
Back in 2012, Dr M mentioned this:-
“In hudud, if you steal, you can have your hand chopped off. But they want to chop off only Muslims’ hand, not the non-Muslim who steal same amount of money. Surely it’s not justice,” he told the audience during the question-and-answer session
As I have mentioned before, the problem in this country had never been a lack of the necessary laws to curtail crime. And where there are shortcoming in the law, we always have the Parliament to make the necessary amendments to the law. So one cannot see how hudud will make things all better. Yes the punishment maybe more harsher but the same can be amended for the existing laws. Then there is an issue of enforcement as well and what if someone makes a mistake?
No doubt, the introduction of hudud into a secular country will revoke more questions. The same was the case of Eric Paulsen.
The IGP subsequently defended his action of arresting the civil rights lawyer Eric Paulsen under the Sedition Act by saying that he did it so as not to provoke a retaliation from the IS militants. He has a good and valid point there – too many people in the world do not think with an open mind when it comes to discussing on religion. They are just too emotional and are very quick to dismiss any talk on the religion – being holier than the holy. No one knows what kind reaction it will attract.
But at the same time, I am not sure if Eric Paulsen had uttered anything else that deemed to be so serious that the IGP had him arrested under the Sedition Act or it will provoke IS. He alleged to have said “Do not simply believe that everything will be okay with hudud implementation – no basis that hudud will run smoothly in Malaysia” – I don’t see the seditious part of the statement.
In plain simple English, it means nothing but fact. Eric is correct – will everything will be okay with hudud implementation especially when one have to consider that we already have a rule of law in place and the courts & the police to address the enforcement? If any, it is an opinion and is not far from what others have also said in the past few days.
This country has more challenges to address than just determining which law to use.
Kelantan still reeling from worst flood in recent years and yet the implementation of hudud seems to be more critical & urgent at the moment? Why the rush when there are other matters that need to be attended more urgently like getting ready the state for the next major flood? Have they put the resources, money and time to prevent the next wave of flood? How about improving the poverty index? Or monitoring and providing better healthcare, education and enforcement in HIV cases – one of the highest in the country? The point is, there are issues far important that need to be handled first.
So come on guys, let’s get our acts together and let’s focus on what is more important at the moment. The last thing we need now is to have the wrong priorities at hand and escalating the trivial problems unnecessarily and end up running the country and its people to the ground.
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