Hudud is Najib-Hadi Political Game


June 1, 2016

Hudud is  Najib-Hadi Political Game: It is not mentioned in the Quran, says Professor Abdullahi A. An-Na’im

by Nurbaiti Hamdan a

http://www.thestar.com.my

“I would like to clarify to our friends in Barisan Nasional (BN) that there was a misunderstanding. I would like to state that it is not for the implementation of hudud. It’s just to give Shariah Courts enhanced punishments. From six-strokes caning to a few more depending on the offences,” G25 quoted Najib. I wish to add that hudud law should be used to try Najib Razak for stealing 1MDB money. ==Din Merican

 

Muslims have no religious obligation to support hudud law as it was not mentioned in the Quran, says a law professor from Emory University in the United States.

Professor Abdullahi A. An-Na’im (pic above), a Constitutional law expert, said the term hudud is a “misnomer” and the Quran did not mention it in relation to any crime. “So describing these crimes as hudud crimes is the way of jurists, it is not in the Quran, it is not in the Sunnah.

“That is why I say that there is no relation,” Prof Abdullahi told a press conference organised by Islamic Renaissance Front at a hotel here. Prof Abdullahi, a Sudanese-born who resides in the United States, is internationally recognised as a scholar of Islam and advocate of human rights.

He teaches constitutional law, human rights and international law and is the author of ‘Islam and the Secular State’ which has been translated into many languages.

Prof Abdullahi said more than 40 member countries of the United Nations with predominantly Muslim majority population do not implement hudud in their legal system.

Najib Razak and PAS are disciples of Sayyid Qutb 

“Where is the hudud among all these Muslims? Why is it a priority in this country (Malaysia) when it has not been a priority in the vast Muslim majority countries?” he said.

Giving the example of sariqah (crime of theft), Prof Abdullahi said the punishment for theft under hudud law is “extremely severe and totally irreversible”. Should hudud be implemented, he said, the state must ensure that several aspects must be fulfilled.

“One is that you have to make sure that no person would have the need to steal and that everybody’s needs are satisfied by the state.Second, you need every possible safeguard against miscarriage of justice and false convictions,” he said.

Prof Abdullahi said the definition of sariqah under Syariah is “extremely ambigous and in fact indefensible” as it would allow a public official to steal millions of dollars from the public treasury without being convicted because it is public property.

“Whereas to steal a minute amount from a private person in a locked, safe place, that becomes a sariqah.So there are fundamental contradictions in the jurisprudence of the so-called fiqh (understanding) of hudud. All of that has to be brought out and debated and then people can vote,” he added.

G-25 to All Malaysians–Reject PAS’ Private Member’s Bill

http://www.thestar.com.my, June 1, 2016

All Malaysians should reject PAS’ Private Member’s Bill to maintain racial and religious harmony, said members of the group of eminent Malays, known as G25.

In a statement Wednesday, G25 said it categorically oppose PAS president Datuk Seri Abdul Hadi Awang’s Bill to amend the Syariah Courts (Criminal Jurisdiction) Act 1995, as well as the Kelantan Syariah Criminal Code II (1993) Bill 2015 that was passed by the Kelantan State Legislative Assembly.

The group said although Article 3 of the Federal Constitution declares that Islam is the religion of the Federation, constitutionally, Malaysia “is a secular state” intended by our forefathers and the framers of the Federal Constitution.

“Further, our nation is a multi-religious, multi-racial and multi-cultural. As such, hudud is inappropriate and unacceptable to the vast majority of Malaysian society. Moreover, a law such as the Kelantan hudud Bill of 2015 is unconstitutional by reason of Article 8 (which states equality before the law) of the Federal Constitution.  As such, Muslims in Kelantan will be subjected to two sets of laws; the hudud and the Penal Code,” said the group.

Should she be punished under Hudud for her sexual orientation?

The group urged the Kelantan state government instead to focus on improving the lives of its people, rather than “being obsessed with hudud”.

“Surely the state government of Kelantan needs no reminding that the Holy Prophet Muhammad (SAW) and the pious caliphs who succeeded him emphasised the people’s welfare instead of a punitive approach to governing,” said G25.

The group said the Government has a “fiducial and moral duty” towards Malaysians to build a happy and prosperous country.

The group added that the country’s leaders should focus their attention on the responsibilities in governing the nation, instead of “playing dangerous politics with hudud”.

Members of G25 also said they were not convinced by Prime Minister Dato’ Seri Najib Tun Razak’s assertion that Abdul Hadi’s Private Member’s Bill was not about implementing hudud.

Last Friday, Najib said there was a “misunderstanding” over the nature of the Bill, adding that the proposed Bill was on reforming the canning punishment meted out by the Syariah Court.  Members of G25 noted that the Bill permits the State Legislatures to empower the Syariah court to impose any form of hudud punishment other than the death penalty.

The group further explained that the Kelantan Syariah Criminal Code II prescribes “hudud punishments” for offences such as adultery, theft, robbery, sodomy, consumption of liquor and apostasy.

“However, the Syariah Courts (Criminal Jurisdiction) Act 1995 does not permit the Syariah Court to impose hudud punishments, and, hence, this Federal law has been an impediment to the state of Kelantan in making the Kelantan hudud Bill 2015 a valid state enactment.

“Therefore, there is the need for the state of Kelantan to seek Parliament to amend the Syariah Courts (Criminal Jurisdiction) Act 1995. And, so, here comes Hadi’s Bill,” said G25.

The group also expressed fear that if Hadi’s Bill were to be passed by Parliament, it would open the floodgates for other states to introduce hudud and the “more severe forms of punishments. The Bill, therefore, has long-term and far-reaching implications,” said G25.

7 thoughts on “Hudud is Najib-Hadi Political Game

  1. Does the professor’s view matter especially one that is based in the west or anyone else for that matter if Hadi and Najib wanted to play along? Hadi will only listen to the Taliban or Boko Haram guys as the holder of Koranic truth. Only God/Allah can save Malaysia from itself.

  2. Propose battlecry; Najib MUST pay back 1MDB money BEFORE he even can say Hudud or no Hudud.

  3. I wish to share this from Tan Sri Mohd Sheriff Kassim, my friend and PFS and UM classmate which appeared in The Star some time ago (April 7, 2016). His is a voice of reason and good sense.–Din Merican:

    Quote: I COMMEND Zainah Anwar for her article “OK to use God-given intellect” (Sunday Star, April 3) in which she argued that there is nothing wrong for Muslims to use reason and intellect in discussing religion – in the same way that they discuss other aspects of life like the political environment, economy and system of laws and regulations – and to express their views and comments on how improvements can be made.

    There was a time when liberalism shone in the Muslim world. The golden age of Islamic civilisation saw a flourishing of mathematics and science, arts and culture with the Middle East becoming leading centres of learning in their universities and mosques.

    Learned scholars in religious institutions drew inspiration from Greek philosophers and other Mediterranean wisdoms to enrich their analytical writings on both secular and spiritual studies. They looked at the meaning of life and the wonders of the universe, and made startling discoveries in astronomy, medicine and architecture. Muslim writings had a big influence on thinkers and inventors in Christian Europe, extending into Central Asia on the Silk Road to China.

    After about 500 years of liberalism, the Muslim world turned conservative when the religious purists launched a movement to condemn the growing influence of liberal ideas on the interpretation of Islam as a way of life. They called for a return to the Quran and Hadiths, and insisted that these religious texts be used as the only source of reference in all situations. The return to religious conservatism had a lasting effect at the centre of the Muslim world.

    The ruling class sided with the religious conservatism as the kings and princes were also getting alarmed at the growing popularity of the liberals among the populace. Thus began the alliance between the rulers and the ulama to crush independent thought – at great social cost to the development of the Muslim mind.

    This thought control by political Islam was a power play for self preservation of the two partners as both feared the winds of change blowing across continents, especially in the new era of modern technology.

    As Zainah, Datin Paduka Marina Mahathir and others have said, liberals are not a threat to the peace and security of the country, nor are they a threat to the religious authorities. Their mission is encourage Muslims to use reason and intellect in understanding Islam and its practice so that, as the Sultan of Johor recently said, the Malays are not easily led into believing that to be faithful to the religion, they should copy Arab styles of dressing or use only Arabic expressions in greetings.

    Liberals maintain that citizens have a right to use reason and intellect to question and raise objections when a law is passed using religion to govern the life of the people or to criminalise personal sins in contravention of the constitutional guarantees on individual freedoms.

    This right of dissent applies to all Malaysians irrespective of race and religion because when fundamental principles are violated, a religious law or a secular law becomes a matter for the whole nation to discuss and debate.

    We often see little napoleons using the religious edicts to ban music festivals and pop culture for the reason that they encourage immoral behaviour among the youths and offend Muslim sensitivities.

    When politicians and religious officials play God to decide our moral behaviour, and use the religious bureaucracy and police to enforce Islamic justice, that is a dangerous sign of state power being used to control our social and political freedoms.

    It is encouraging to note that in last week’s Friday prayers, the sermon was about diversity of views.

    This theme of tolerance for differences of opinion should be stressed as often as possible to educate the ummah that having liberal views on Islam is neither sinful nor a crime. The liberals are the bastion of democracy and must therefore be given the space to speak their mind freely but within the confines of the law so as not to affect the peace and security of the country. Unquote

  4. “Malays are not easily led into believing to be faithfull to their religion, they should copy Arab styles of dressing or use only Arabic expressions..”

    Are we kidding? Have anyone seen a PAS gathering? Even an UMNO gathering even in the city could look.like in.the Middle East. Maybe not all Malay can be led or easily led just like only a minority of Muslim can be terrorists but the fact is many go along, stubbornly will not change.

    Let’s put it this way. Right now, if Hadi and Ulamas are caught getting drunk and with hookers, if they go out and say their enemies are lying or trapped them, many, hundreds of thousands of their followers would still vote for them..

  5. As the Tunku Mahkota of Johor said, it’s all for the benefit / control of the “stupid and uneducated”

    The saddest part is these people don’t even know it.

  6. Implement hudud and over 90 % of BN ministers would lose their limbs. Not a bad thing when one thinks about it.
    _______________
    Then we have their cojones cut to pieces and fried for the animals to consume. What do you think, apai. We can start with Hadi Awang.–Din Merican

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