WEEK 5 (13th October 2011) Source of Information – To Do or Not To

Hudud Laws has been implemented since 1979 (Usmani, 2006) and in Malaysia, this issue has been discussed since 1992. Needless to say, these teaching and commands are not confined to acts of worship but it covers all aspect of life including criminal law, of which Hudud Laws are a part. Prophet have prescribed that Hudud are for certain crimes, it is also has clearly stated in the Holy Quran and also in the Sunnah. Islamic criminal law is quite lenient in this matter in that it prescribes punishments for only few crimes (Usmani, 2006) Furthermore, there are no enduring recommendation for precise punishments and the task of commanding punishments has been left to the ruler and the judge, i.e., the judiciary and legislature in contemporary society. Theft, robbery, fornication, adultery and rape, false accusation and drinking are crimes for which Hudud have been approved. In Pakistan, the Hudud Laws were forced in 1979; ordinances regarding these crimes are usually referred to as the Hudud Ordinance (First promulgated on 10 February 1979, the Hudud Ordinance was later indemnified by the Parliament as part of the Eighth Amendment in the Constitution in 1985)

In Malaysia, Hudud implementation has been discussed since 1990’s and yet no one has come out with any solution in this matter. Whenever there is a news reporting about Hudud, the writer of the article do not need to explains much about it because the public has already get board since it has been told on and on without a proper ending. What they did only politicising the Islamic law and that is such and embracing action because some people make fun of the Islamic Law which supposed to be sacred.

I asked some of my friends’ opinion about this matter and some of them agreed on the implementation of Hudud in Malaysia and some don’t. Below is what they said about this matter:-
Hazwan AH
W’salam, mungkin saya org yg tidak berapa arif mengenai hal ini. Tp pendekatannya jelas. Hudud ialah hukum yg disebut Allah di dalam Al Quran. kita sebagai hambaNya wajib beriman dgn setiap baris ayat di dalam Al Quran kerna beriman pada kitab Al Quran adalah salah satu rukun iman. Jadi tidak lengkap iman kita selagi kita tidak mempraktikkan kehidupan seharian kita dgn apa yg terkandung dlm Al Quran….wallahualam.

Done Duchovny
Actually, hudud is in Sharia. Not everything in Sharia is in hudud. Everything in hudud is in syaria. There are only 6 things in hudud: theft, robbery, and adultery, accusation of adultery, alcohol consumption, and apostasy. That’s all. If you’re not a Muslim, then you have no worry. If you’re a Muslim but don’t steal, don’t rob, aren’t promiscuous, don’t make false accusation, don’t drink and don’t convert, there’s nothing to worry about. Even if hudud is instated, i don’t think it will ever practically be used because charging people under hudud law is like super difficult. e.g.: adultery requires male, *honest* witnesses who never left his prayer and never lied. Since Malaysia generally use Syafiee school of thought, the requirement is even stricter (witness must have seen the guy thing inserted to the girl’s thing). Unless it is witnessed as if they are making pron vid that’s like super impossible to accuse. That’s why those who know how it works actually don’t worry. It’s bad when certain party use it for their political interest. Non-muslim who nothing about it (there are some Muslims who actually do not really know what hudud is) dare to debate on its implementation. Im not saying I know every single thing but at least I don’t dare to oppose anything that comes from Allah and His messenger.

Dr Haja Mohideen Mohd Ali
Hudud can be restricted to Muslims, but implementing it takes a lot of evidence and thinking.

Syazwan MN
I rasa tak effective langsung. One big reason is Malaysia is secular country though it claims that it is an Islamic country. Secondly, we are not all Muslim in Malaysia and thirdly, we r still however under the observation of U.K. We are free but not fully free.

Shereen EL
Org bunuh sesama sendiri without reasons. Nak curi, rompak pun bunuh, situation is getting worse. Semua sbb tak ada hudud law. Cuba kalau kita dah lama ada law nie, at least keadaan takkan seteruk sekarang. Kes akan ada, no doubt, so sape yg buat, face it la. Pengajaran. Bukan nk seksa manusia, tapi kalau perbuatan sendiri yg menyeksa manusia lain and gugat keselamatan dan nayaw, tak salah org bunuh org, kene hukum penjara few months, ada adil mcm tu. Dia kalau boleh bunuh lagi, keluar nak rompak, tp hapus bukti or selamat diri, bunuh org dari rompak can cause to even greater crime. So tu pendapat aku.

As a final point, if the opposition really want to make this happen, they should run a research on it and present it to the Prime Minister (P.M) . I’m sure that the P.M will take note on their effort.

Reference:
Muhammad Taqi Usmani (2006). The Islamization of Laws in Pakistan: The Case of Hudud Ordinance. The Muslim World (Vol 96): Pakistan.

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