|Convict physically scarred after the caning punishment under western created law.|
For the first time in the political history of Malaysia, two biggest Malay-Muslim political parties; UMNO and PAS has agreed to co-operate to enable the PAS led Kelantan state Government to implement Hudud with the assistance form the UMNO led Federal Government.
It all started when Minister in the PM’s Dept. Datuk Seri Jamil Khir replied in an answer to a question in Parliament from YB Tan Sri Annuar Musa (BN-Ketereh) that the UMNO led Federal Government has no problem for the PAS led Kelantan Government to implement Hudud law in Kelantan.
Little did he expect that the issue will be turned into a big brouhaha by those anti-religion bigotries.
From non-Malay political parties of both spectrum, some anti-Islam NGOs and few anti-Islam bigotries, the argument seems to be premised on sheer misunderstanding of the Hudud law itself. Or could it be that Islamophobia-hysteria has find its way into Malaysia?
Even some people professing the religion of Islam seems to be confused on Hudud.
For example, Marina Mahathir in her column entitled When the World Turn Upside Down published by The Star today (24.04.2014) has this to say about Hudud,
“In a time not too far away, people thought that the cutting of hands and the stoning of humans were too uncivilised for a modern democratic country like ours. When some tried to introduce it, it was greeted with derision.
What, for example, would be the equivalent of the Domestic Violence Act in the hudud laws? Or will it be completely void because in a pure “Islamic” state, men will be able to beat their wives with impunity?
|If this is acceptable, why not Hudud?|
This sort of statement, coming especially from a Muslim showed clear ignorance of Hudud law in particular, and the Islamic criminal justice system in general. It just goes to show how little the writer understands about Hudud. Violence against spouse is not part of Hudud. It is govern by Qanun Ta’zir!
WHAT IS HUDUD
Hudud is part of a comprehensive Islamic criminal justice system called Qanun Jinayat consisting of Hudud, Qisas (Diyat) and Ta’zir. Hudud does not stand alone and should not be read in isolation. Instead it must be read with other related laws and Islamic criminal, social and justice system.
Hudud itself covers only seven (7) specific offences namely:
1. Syurb – relating to consumption of liquors and state of intoxication;
2. Qazaf – relating to false accusation against women committing sexual act outside lawful marriage;
3. Zina – relating to adultery and sexual offences outside marriage;
4. Sariqah – relating to offences of stealing;
5. Hirabah – relating to offences of robbery;
6. Riddah – relating to offences of apostacy;
7. Bughah – relating to treason against the State.
HUDUD OFFENCES ALREADY IN EXISTENCE IN MALAYSIA
Contrary to popular belief, actually all these Hudud offences are already in existence in the law of Malaysia, except that it is not called Hudud but of the same category as follows:
1. Syurb – Section 19 of the Syariah Criminal Offences Act 1997 (Act 559) relating to offences of consumption of intoxicating drink that carries the punishment of RM3,000-00 fine or 3 years imprisonment;
2. Qazaf – Section 41 of the Syariah Criminal Offences Act 1997 (Act 559) relating to making false accusation against any person of committing illicit intercourse that carries punishment of RM5,000-00 fine or 3 years imprisonment;
3. Zina – Section 23 of the Syariah Criminal Offences Act 1997 (Act 559) relating to person committing offences of illicit intercourse outside lawful marriage (including sodomy) that carries punishment of RM5,000-00 fine or 3 years imprisonment or 6 strokes of caning;
4. Sariqah – Section 379 of the Penal Code relating to the offences of theft that carries punishment of imprisonment of not more than 7 years (for first time offender);
5. Hirabah – Section 392 of the Penal Code relating to offences of robbery that carries punishment of imprisonment of not more than 10 years (for first time offender);
6. Riddah - Syariah Criminal Offences Enactment relating to offences of apostacy that carries punishment of rehabilitation at designated Rehabilitation Centre;
7. Bughah – Section 121 of the Penal Code relating to offences of waging war against the Yang DiPertuan Agong (treason) that carries punishment of death by hanging.
It is very clear that the law relating to the seven (7) specific offences as prescribed by Hudud is already in existence in our own criminal justice system for years. These 7 Hudud offences has in fact been prescribed by our local law, only the punishment is different! The question then is, why is there big brouhaha over the proposal to implement Hudud by the Kelantan State Government? It is already there. The only difference is as follows:
1. the mode of punishment will be as prescribed by Islamic law, some of which is similar like bughah-treason carrying the same death sentence. In our current law, it is by hanging, whereas in Islamic law it is by pancung - beheading;
2. Hudud will only be implemented in Kelantan by the State Syariah Court as matters pertaining to Islamic law falls within the jurisdiction of the State as prescribed by Article 74 (2) of the Federal Constitution read with Schedule 9 List II;
3. Hudud will only be implemented and enforceable against person professing the religion of Islam as Article 74 read with Schedule 9 clearly stipulates that Syariah Court only has jurisdiction over person professing the religion of Islam;
Note: in Islamic law, Hudud will be implemented against all person whether Muslim or not, but since our Federal Constitution limits the jurisdiction of the Syariah Court only to Muslim, it is therefore not applicable to non-Muslim.
4. there is no need to amend the Federal Constitution as the only law that needs to be amended is the Syariah Court (Criminal Jurisdiction) Act 1965 (Act A966);
5. therefore the question of whether the proposed implementation of Hudud needs 2/3 majority does not arise as amending an Act of Parliament needs only a simple majority.
FAILURE OF THE WESTERN BASED CRIMINAL JUSTICE SYSTEM
Another issue I wish to address is the unfounded and baseless allegations that ‘implementing hudud will not solve the criminal problems that we are facing’.
We can see very clearly right before our eyes that the current christian-western based criminal justice system introduced and implemented by the British colonial power has failed.
Crime is on the rise despite all the harsh laws currently implemented!
Accidents, murder, rape and other criminal activities committed by intoxicated person is well documented; snatch theft, housebreaking and other type of thefts including white-collar crime is almost beyond control; brutal robbery leading to murder and death is rampant; illegal sexual affairs including by married man and women, illegal abortion and the murder of unborn fetus is now a disease affecting the marriage institution and now aggravated by the demand by some anti-religion bigotries to legitimize same sex marriage and unnatural sex activities; the rise of godless society believing only in material world that lead to inhuman way of life; and the act of treason, betrayal and treachery against the State and the people of Malaysia.
Having acknowledged the current christian-western based criminal justice system has failed, why not we give another system, like Islamic criminal justice system an opportunity. It has proven itself to be effective - res ipsa loquitur.
HUDUD IS ONLY AGAINST CRIMINALS
Secondly, what is the big brouhaha about the implementation of Hudud by the Kelantan Government?
It only affects and be implemented against criminals, and only in relation to the 7 specific offences. Unless one fall within one of the category, i.e either a drunkard, thief, robber, sex maniac, apostates or enemy of the state; there should not be any worries among any law-abiding Muslim and citizen of Malaysia.
Marina Mahathir is clearly ignorant on what hudud is when she asked,
What, for example, would be the equivalent of the Domestic Violence Act in the hudud laws?
Domestic Violence Act 1994 deals with domestic violence committed by any spouse against another that cause physical injuries, sexual abuse, emotional and psychological abuse or intimidation, harassment, stalking and/or abusive behaviour that harm to any spouse.
All this domestic-violence offences are not Hudud offences. Instead the relevant law is called Ta’zir. And may I suggest Marina to consult any Islamic scholars to give her basic training on Ta’zir to enable her to understand the subject better.
|Is electrocution civilized?|
And what is so barbaric about the punishment to be implemented under hudud law?
Is it so civilized to electrocute convict, which is the same like burning them alive? What is so civilized about putting convict to death by lethal-injection which is like poisoning them as what the Nazi did to the holocaust victims? What is so civilized about hanging people (like Allahyarham Saddam Hussein) and laughing about it?
HUDUD IS AN INSTRUMENT OF FAITH
Religion is about faith. We know that implementing hudud per se will not guarantee a free-crime society. Hudud is just an instrument of faith. Just like solat, fasting, pilgrimage to Makkah, paying zakat and so on.
It is the act of submission to the command of Allah the Most Gracious, the Most Merciful, the Most Benevolent that we Muslim are concern with. When Allah command us not to eat pork, we forbid ourselves without question. When Allah command that only man can marry women (and not men-men & women-women), we duly obeyed without hesitation; when Allah command us to cover our hair, we do so without questioning!
We the Muslim believe that since Allah the Almighty created human being, He knows best how to regulate them. And we believe that when we obey the command of Allah in all faithfulness, Allah the Creator of mankind will reward us with peace and harmony. But when there are elements of anti-religion bigotries try to subdue the Law of Allah by substituting man-made law, then if falls upon us God-fearing Muslim to rectify it by returning back to Allah’s law.
This is what we call an act of faith. Unless one doesn’t believe in the existence of Allah the Creator, it is incumbent upon all persons professing the belief in Allah to obey His command without question.
This is what we Muslim called sami’na wa ato’na – we hear and we obey!
And that is exactly what the PAS-led Kelantan State Government, in co-operation with the UMNO led Federal Government intended to do. We hear, and we obey – and we believe Allah in His mysterious way will always guide us in order to bring peace and harmony in our life, and in our beloved country insya Allah.
Wallahua’alam & Wassalam.
Adios amigos, grasias!
Zulkifli Bin Noordin
24 Jamadil Akhir 1435
24 April 1435