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| 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
Khamis
24
Jamadil Akhir 1435
24
April 1435
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