Malaysia after Hudud: A Nation Divided


March 29, 2015

Malaysia after Hudud: A Nation Divided

By Zurairi AR and Boo Su-Lyn

No Hudud in MalaysiaTHIS?

Hudud has for the past two decades largely been treated as a mere fringe topic among Malaysians, a political hot potato tossed back and forth between local parties as they canvassed for Muslim votes during elections.

But last week, when the Kelantan legislative assembly passed amendments to its Shariah Criminal Code II enactment — dubbed the hudud Bill — the controversial Islamic penal code quickly became a legitimate public concern.

Now, if PAS, the Islamist party that governs Kelantan, next succeeds at the federal level in getting more legislative amendments approved, hudud, an Islamic punishment system under Shariah law, will be implemented for the first time in a Malaysian state.

Although the law would only be confined to Kelantan, it must be noted that PAS’s manoeuvre in Kelantan has already roused the ambitions of other Islamist groups and scholars who wish to see hudud sweep the country. All eyes are also on Terengganu, which had also passed a similar but still ungazetted enactment with hudud elements in 2002.

The ball is now in Parliament’s court, but analysts and observers are already warning that should hudud get implemented in other states, the Malaysia we know today will head towards an irreparable divide.

A legal system divided

Malaysia has always practised a dual-track legal system, although for the Muslims, legal disputes on family matters like marriage, divorce and inheritance, and the precepts of Islam, are dealt with under the Shariah law.

The implementation of hudud, however, will see the Shariah courts encroaching on offences already covered in the civil justice system, specifically the Penal Code. These include crimes like sariqah (theft) and hirabah (robbery). Hudud’s companion qisas, meanwhile will legislate the offence of murder, which is also already covered by civil law.

According to amendments in Kelantan’s hudud Bill, however, once enforced, hudud will only apply to Muslims. For example, a Muslim guilty of theft in Kelantan can be punished by amputation of his limbs, under Section 7 of the state’s hudud law.

But in the Penal Code, the same crime committed by a non-Muslim prescribes a maximum seven-year jail term or fine or both, according to Section 379 of the legislation.

The prospect of subjecting criminals to two different punishments for the same crime by virtue of their religious backgrounds, however, could prove complicated in a diverse nation like Malaysia, analysts said.

Hudud2OR THIS?

“How do you enforce this in a plural society? Of course it would lead to injustice between Muslims and non-Muslims, especially if the crime involves perpetrators of different religions,” political analyst Nik Abdul Aziz Nik Hassan said in a recent phone interview.

“I think this contradicts the principles of Islam, where there exists variations and injustice in the punishment for the same crime.” At the crux of the argument is the Federal Constitution, the supreme law of the country that is the bedrock of Malaysia’s foundation.

If hudud is to be implemented, it would mean that the Federal Constitution will have to be amended to legislate against crimes already under the Penal Code, said Nizam Bashir, who is both a constitutional and Shariah lawyer.

“What seems to be missing from the conversation at this point of time is what the framers of the Constitution has envisaged as the appropriate balance of powers in a federal system of government like Malaysia. Simply put, we were always meant to have a strong central government,” Nizam told Malay Mail Online.

“Having said that, this does not mean that states have no power or the monarchs’ role are trivialised in some way in the Constitution. It is far from that.

“But it is very clear that the central government was always meant to take centre stage on matters like crime, and one can see why as it would promote public order,” the lawyer added.

The same sentiment was expressed by Malaysian Bar President Steven Thiru, who in a statement on March 20, said implementing hudud laws would fundamentally alter Malaysia’s secular Federal Constitution in ways never intended.

“If hudud were brought into the criminal justice system, it would result in the importation of Islamic penal law into a secular system. This would result in a rewriting of the Federal Constitution,” Steven warned.

Lawyers have also claimed that the implementation of hudud in Kelantan will lead to more constitutional challenges being filed in court against the Islamic penal code.Constitutional lawyer New Sin Yew pointed out that the civil courts were forced to intervene in previous cases of Shariah courts overstepping their jurisdiction, such as M. Indira Gandhi’s child custody dispute with her ex-husband who is a Muslim convert.

“Certain aspects of the state enactment like sariqah or hirabah will be challenged in the civil courts because only the civil courts have the power to decide on constitutional issues,” New told Malay Mail Online, referring to the hudud Bill.

“And certain punishments like the death penalty and amputation will be challenged for violating federal law,” he added, noting that the Shariah Courts (Criminal Jurisdiction) Act 1965 limits the punishments Islamic courts can impose to three years’ jail, RM5,000 fines or six strokes of whipping.

These challenges are bound to widen the chasm between the two legal systems, especially with minister in charge of religious affairs Datuk Seri Jamil Khir Baharom alleging last year of a “new wave” of assault on Islam here, and accusing rights groups of colluding with enemies of Islam to put its religious institutions on trial in a secular court.

A society divided

The discrimination in punishment among Muslims and non-Muslims will also lead to bigger problems in society as Malaysians would be treated differently in the eyes of the law, Nik Abdul Aziz suggested.

Already, clear divisions have appeared between those in support of Kelantan’s hudud and those who do not, as demonstrated in the recent case of BFM presenter Aisyah Tajuddin.

The young Muslim journalist earned heavy criticism over a satirical video produced by the popular business radio station where she was seen criticising the PAS government’s bid to introduce the law in Kelantan.

“This phenomenon will bring about clashes, discontent, and other problems … When the public is not being managed fairly, it will bring towards a discriminatory pattern,” warned the analyst, who is also a retired former head of Dakwah Studies Department in Universiti Kebangsaan Malaysia.

“Islam emphasises fairness. Under the roof of fairness, only then can you guarantee economic and social stability.”

RATNA_OSMANRatna Osman and Zainah Anwar

Meanwhile, the dismissal of women’s role in hudud also has women rights group Sister in Islam (SIS) worried over the treatment of women in the future, especially Muslim women. SIS’s Executive Director Ratna Osman pointed to Section 41 of Kelantan’s hudud Bill, which specifies that only an adolescent and fair male Muslim can stand as a witness in the cases of zina (illicit sex) and liwat (sodomy).

“This disqualified non-Muslims overall and Muslim women, and this contradicts with equality that is promised under Article 8 of the Constitution, that guarantees equality for all regardless of race and gender,” Ratna told Malay Mail Online.

“The fact that women are disqualified as witnesses in the code, is against the practise of Islamic laws on evidence,” she added, citing several hadith—collections of Prophet Muhammad’s sayings and deeds—where women’s testimonies were accepted in criminal cases.

She also took issue with the provisions in Kelantan’s bill governing qazaf (false accusation of zina), which puts the burden of proof on women in cases of rape, and the li’an provision, which allows a husband to accuse his wife of adultery under a sacred oath.

“You will find because of this gender inequality, a lot of cases, in Iran particularly, where husbands are always using li’an as a means to put their wives in jail. It is an easy way out of marriage,” Ratna claimed.

She also pointed to how in other countries like Pakistan, it is always the women who are convicted of zina while their male partners escape prosecution.Apart from that, Ratna also noted the difficulty in criticising the implementation of hudud after Kelantan passed its hudud Bill.

The space of discourse, even among Muslims, is rapidly shrinking with the authorities now warning laymen against discussing hudud and religion in general, as the voice of discontent continues to grow unfettered online.

Against their critics, PAS has so far resorted to labels from “immorals” and “liars”, which Kelantan Mentri Besar Datuk Ahmad Yaakob uttered when tabling the bill, to “parrots” and “unforgivable ignorants” in PAS president Datuk Seri Abdul Hadi Awang’s open letter a week after.

A country divided

In its video, BFM and Aisyah had asked how exactly hudud would fill the rice bowls of Kelantan folks, especially as the state remains one of the poorest in the country. The question has still remained unanswered, but critics told Malay Mail Online that the trickle down effect of hudud’s implementation in plural Malaysia will inevitably impact even bread and butter issues.

“Why must we rush in hudud, when the priority should be on social justice, eradicating poverty, access to health services, urban cleanliness? There are a lot of things in Islam we can implement,” Nik Abdul Aziz suggested.

“This hudud punishments will lead to bigger implications. If there is a huge case of theft, wouldn’t you have one race with fewer hands than the others? That is why we have to think this out thoroughly.”

There is already global fear that Malaysia risks losing its identity as a model of religious moderation and multiracialism if hudud goes ahead, as expressed by an influential group of retired Malay senior civil servants dubbed G25 on March 25.

Prime Minister Datuk Seri Najib Razak invariably touts Malaysia’s reputation to the international community and investors as a so-called moderate Muslim country, especially in his address to the United Nations as recent as September last year. But this image has continued to take a beating with recent actions taken by religious authorities, especially in the case of the use of the word “Allah” by non-Muslims.

Having hudud nationwide might be the nail on the coffin for his campaign, according to some. “If hudud were ever to see the light of day in Malaysia we can be sure that there will be a massive outflow of investment, wealth and people from Malaysia,” tycoon and philanthropist Koon Yew Yin wrote in his blog on March 22.

“It is not only the locals who will leave. The international community—including foreign investors—has been more loud and vociferous in expressing concern about the growing Islamisation in the country.”

“Adoption by Parliament — even if a two-thirds majority is not obtained — will be the beginning of the end for moderate and inclusive Islam in the country. Is the Middle East model of fundamentalist Islam which has brought destruction and disaster the model that Malaysian Muslims want to follow? I do not think so,” he added.

On March 19, the Kelantan state assembly approved the Shariah Criminal Code (II) (1993) 2015 Enactment with 31 votes from PAS lawmakers supported by 12 from UMNO.

PAS now plans to put forward two private members’ bills in Parliament to enable Kelantan to enforce hudud ― one will seek approval for the state to legislate punishment for crimes under the Penal Code.

The other seeks to amend the Shariah Courts (Criminal) Jurisdiction Act 1965 to enable Islamic courts to mete out punishments like the death penalty for apostasy and amputation of limbs for theft. PAS has said it only needs a simple majority in Parliament, or 112 MPs in the Dewan Rakyat, to amend the Shariah Courts (Criminal) Jurisdiction Act.

http://www.themalaymailonline.com/malaysia/article/snapshot-of-malaysia-after-hudud-a-nation-divided#sthash.dOTRpc39.UE8fsUth.dpuf

Afghan woman Farkhunda lynched in Kabul


March 24, 2015

This is hudud as practised in Afghanistan. We cannot have this type of barbaric law in our multiracial country which has a constitution to protect the fundamental rights of all its citizens. What is being played out in Kelantan cannot be allowed to spread to other states in Malaysia.

Malaysians must have the conviction to stand up against its implementation and tell PAS via their Members of Parliament that we reject any move to impose hudud, even though it is supposed to apply to only Muslims in Malaysia. When it comes to justice and freedom, we must speak with one voice.  Hadi Awang must stop playing a dangerous game.–Din Merican

Afghan woman Farkhunda lynched in Kabul

http://www.bbc.com/news/world-asia-32014077

An Afghan woman who was lynched after being falsely accused of burning the Koran was killed for tackling superstitious practices, witnesses say.

Farkhunda, who was beaten to death by a Kabul mob last week, had been arguing with a mullah about his practice of selling charms to women at a shrine.In the course of the argument she was accused of burning the Koran and a crowd overheard and beat her to death.

farkhunda-screengrab2

Farkhunda, 28, was beaten, hit by bats, stamped on, driven over, and her body dragged by a car before being set on fire.

A Policeman who witnessed the incident on Thursday told AP news agency that Farkhunda was arguing with a local mullah. Her father said she had complained about women being encouraged to waste money on the amulets peddled by the mullahs at the shrine.

“Based on their lies, people decided Farkhunda was not a Muslim and beat her to death,” Mohammed Nadir told AP.

The Policeman who saw the incident, Sayed Habid Shah, said Farkhunda had denied setting the Koran on fire.

“She said I am a Muslim and Muslims do not burn the Koran,” he said. “As more people gathered, the Police were trying to push them away, but it got out of control,” he added. An official investigator has also said there was no evidence she had burned the Koran.

“Last night I went through all documents and evidence once again, but I couldn’t find any evidence to say Farkhunda burnt the Holy Koran,” General Mohammad Zahir told reporters at her funeral on Sunday. “Farkhunda was totally innocent.”

Police say they have detained 18 people over the incident, with more arrests expected. In addition, 13 policemen have been suspended for having failed to do enough to stop the attack.

Shukria, a woman visiting the shrine on Monday, told the BBC that the attack was “not just an attack on Farkhunda, but on all Afghan women. They have killed us all”. Afghan President Ashraf Ghani has ordered an investigation into her death.

The attack, near the Shah-Du-Shamshaira mosque and shrine, is thought to have been the first of its kind in Afghanistan.

Breaking with tradition, women’s rights activists carried the coffin at her funeral, a role usually performed by men. Farkhunda’s family initially claimed she was mentally ill, but this has since been retracted by her father who said he was told to say so by police to reduce the chances of violent reprisals against them.

Hudud Law Again


March 23, 2015

Hudud Law Again

by Kassim Ahmad

Kassim AhmadSome Muslims pride themselves for upholding what is called the hudud punishments. Do they really know what they are talking about? They think it is God-ordained law. Are they right? They should remember the lessons of history.

Did the Jewish Prophet Moses bring the religion of what is now known as Judaism? The answer is: No. Did Prophet Jesus, also a Jew, bring the religion of what is now known as Christianity. Again the answer is: No. Did Prophet Muhammad, an Arab, bring the religion of Sunnism and Shi’ism? Again the answer is: No.

Human history is littered with errors that came to be accepted later as “facts”. We are not talking of small errors. We are taking of big ones. That explains the rise and fall of nations. One author has described this historical evolution as “recurring, multilinear, yet ascending.” That means on the whole we are progressing, but the line of progress is not ascending linear, but multilinear, sometimes ascending, sometimes descending.

Let me cite just one authority, Prof. Mohammad Hashim Kamali. This paragraph is taken from his book, Punishment in Islamic Law: An Inquiry into the Hudud Bill in Kelantan (Kuala Lumpur: 2000) is very telling: “When we compare the Quranic usage of hadd (in the sense of limit) with the use of this term in fiqh, we notice that a basic development has taken place, which is that the term hadd has been reserved to signify a fixed and unchallengeable punishment that is laid down in the Quran or Sunnah. The concept of the ‘separating or preventing limit’ of the Quran is thereby replaced by the idea of fixed punishment.” (p. 46)

There you have another example of a major error made by great scholars. That is precisely why the Quran warns us of idolizing leaders or scholars. We could be kind if we chose to pardon them by saying that it was their understanding, or their ijtihad, which must be reviewed by the next generation.

The term hududu’l-Lah (God’s boundaries) occurs in the Quran 14 times, none of which refer to fixed punishments, as understood by some Muslim jurists. One scholar opined that, “The unchangeability of the hadd punishement is supported by the interpretation of the Quranic verse: ‘These are the limits of Allah. Do not transgress them.’” (2: 229) The verse does not actually mean what he says it means.

Let us take some of the so-called hudud punishments. Cutting of the head for apostasy, when the Quran advocates complete freedom of belief, some 1400 years ahead of the Universal Declaration of Human Rights; stoning for adultery, cutting of the hand for theft are three of the six or seven of the so-called fixed punishments propounded by Muslim jurists. Take note these run counter to the fundamental teachings of the Quran.

Take note also that the divine order to our courts is to judge among people with justice. (See Quran, 4: 58) Surely God Who decrees upon Himself mercy (Quran, 6: 12) cannot enact such archaic and barbarous laws.

It is to be remembered that Muslim jurists of the four schools differ much in their views. We need not go into them. We should take note that these punishments are taken from the Torah. They creep into the so-called sunnah/hadith, or Prophetic traditions, i.e. traditions ascribed to Prophet Muhammad. Muhammad’s name is so great among Muslims that anything said to originate from him is sacrosanct.

We should also note that the Quran has two dimensions, the historically bound, and the universal. The historically bound will be surpassed when the historical context no longer prevails. They will pass over into the universal. The two universal principles are: equal punishment, and merciful punishment. The first means punishment equaling the crime, and the second means lightening the punishment, up to and including pardon. We can see that the two universal principles have been imbibed into all modern civilized societies.

The final and unchallengeable proof that there is no such thing as the hudud fixed punishments is that they are nowhere mentioned in the Medina Charter promulgated by Prophet Muhammad himself when he migrated to Medina.

Take note that Brunei has already declared that it would practise hudud punishments. However, it did not reveal that Brunei royalty is exempt from them.

It is good to hold firmly to our religion, but do not dispense with our reason when doing so. Fanaticism is out of the question. God has forbidden belief to those who not use their reason. (See Quran, 10: 100) We should be able to confront the opponents’ arguments with better arguments. Otherwise, we should make adjustments to our religious beliefs. That is the only reasonable thing to do. Only then can we arrive at the truth. Truly the truth is God. Only then can we be at ease with our inner selves and enter into God’s kingdom. That is Paradise, the ultimate and supreme happiness.

KASSIM AHMAD is a freelance Malaysian writer.

 

The Curse of The Obsession With Single-Issue Politics by M. Bakri Musa


March 23, 2015

The Curse of The Obsession With Single-Issue Politics

by Dr.M.Bakri Musa, Morgan-Hill, California (received via e-mail)

bakri-musaWe Malays are obsessed – and cursed – with the single-issue politics of bangsa, agama dan negara (race, religion and nation). We have paid, and continue to pay, a severe price for this. Our fixation with those three issues detracts us from pursuing other legitimate endeavors, in particular, our social, economic and educational development. Perversely and far more consequential, our collective addiction to bangsa, agama dan negara only polarizes us.

We, leaders and followers alike, have yet to acknowledge much less address this monumental and unnecessary obstacle we impose upon ourselves. The current angst over hudud (religious laws) reflects this far-from-blissful ignorance. With Malays over represented in the various dysfunctional categories (drug abusers, abandoned babies, and broken families), and with our graduates overwhelmingly unemployable, our leaders are consumed with cutting off hands and stoning to death as punishments for thievery and adultery. Meanwhile pervasive corruption and endemic incompetence destroy our society and institutions. Those are the terrible consequences of our misplaced obsession with agama.

If we focus more on earthly issues such as reducing corruption, enhancing our schools and universities, and on improving economic opportunities, then we are more likely to produce a just and equitable society. That would mertabatkan (enhance the status of) our agama, bangsa dan negara on a far more impressive scale.

Make no mistake, if we remain marginalized or if we fail to contribute our share, then it matters little whether Malaysia is an Islamic State or had achieved “developed” status, our agama, bangsa dan negara will be relegated to the cellar of humanity. Our hollering of Ketuanan Melayu (Malay Supremacy) would then be but a desperate and pathetic manifestation of Kebangsatan Melayu (Malay Poverty).

A Historical Perspective

For the first half of the last century, our fixation was, as to be expected, on nationalism. Our forefathers were consumed with the struggle to be free from the clutches of colonialism, and the right to be independent. With merdeka a reality in 1957, the obsession then shifted from negara to bangsa, from merdeka to bahasa (language). Today with Malay language specifically and customs generally accepted as the national norms, our mania has now shifted to agama.

While our passion for negara and bangsa had a definite and definable endpoint (independence and Malay as the national language respectively), what is the goal with our obsession on agama? ISIS Malaysia? And as for entry into heaven, only Allah knows that.

We have forgotten, or are unaware in the first place, the price we paid for our earlier obsessions. Consider our nationalistic fervor of yore. While we Malays were consumed with treating the colonialists as white devils and fighting them, non-Malays seized every opportunity to work with and learn from them. In our smugness and misplaced sense of superiority we asserted that we had nothing to learn from those colonials and outsiders, blithely ignoring the obvious evidences to the contrary, just like the Japanese before the Meiji Restoration.

What has umno achieved Bakri M

As a result when independence came, non-Malays were much more equipped to take full advantage of that fact while we Malays were still consumed with endlessly shouting merdeka and rehashing an established reality. A decade later we found ourselves marginalized while the non-natives were busy taking over opportunities left behind by the British. Then like a wild boar caught in a trap of its own making, we lashed out at everyone and everything, with ugly consequences for all.

It took the brilliance and foresightedness of the late Tun Razak to first of all recognize the underlying pathology and then craft an imaginative and effective remedy.

As for our struggle for independence, let me inject a not-so-obvious observation. Our merdeka came less from the battles of our jingoistic warriors, more from British realization that colonialism was no longer chic. Indeed it became an affront to their sensibilities. I would be less certain of that conviction had our colonizers been the Chinese or Russians. The Tibetans and Chechens will attest to that.

We owe a huge debt of gratitude to the British for another reason. They cultivated sensible leaders amongst us and dealt harshly with the radicals. Consequently we were blessed with post-independent figures like Tunku Abdul Rahman and Tun Razak while spared the likes of Sukarno and Ho Chi Minh.

Had we been less arrogant culturally and instead learned from the British, we would have been able to give full meaning to our merdeka. There was much that we could have learned from a nation that ushered in the Industrial Revolution and the Scientific Age.

Folly of The National Language Obsession

The May 1969 race riot should have taught us the obvious and very necessary lesson that we must prepare our people well so they could make their rightful contributions and not be left behind. It did not. Instead we shifted our obsession, this time to language. Bahasa jiwa banga (Language the soul of a race), we deluded ourselves.

With that we sacrificed generations of precious and scarce Malay minds to the altar of the supremacy of Bahasa. We also squandered what precious little legacy the British had left us, specifically our facility with English. Imagine had we built on that!

Yes, Malay is now the national language, a fact affirmed by all. Less noticed or acknowledged is that while non-Malays are facile with that language they are also well versed in others, in particular English. Not so Malays, with our leaders eagerly egging on our fantasy that knowing only Malay was sufficient.

DPM MalaysiaWith English now the de facto language of science, commerce and international dealings, not to mention the language of global consumers especially affluent ones, our Malay-only fluency is a severe handicap. We are lost or ignored abroad, or even in Malaysia within the private sector. Again we are being left out because of our misplaced obsession.

The sad part is that we are only now just recognizing this tragic reality. Deputy Prime Minister Muhyyddin (who is also in charge of education) was stunned to learn that our students fared poorly in international comparisons. He is still stunned for he has yet to come up with a coherent solution.

Our Current Delusion with Religion

Judging from the current obsession with hudud, we have learned nothing from our earlier follies with bangsa dan negara.

Faith is a personal matter. This is especially so with Islam. Our Holy Book says that on the Day of Judgment we would be judged solely by our deeds. We cannot excuse them based on our following the dictates of this great leader or the teachings of that mesmerizing ulama. Islam is also unique in being devoid of a clergy class. There is no pope or priest to mediate between us and Allah, or a prophet who died in order to expiate our sins.

The now vociferous and overbearing ulama class imposing itself upon us is a recent innovation (bida’a) in our faith.  As is evident, this obsession with hudud does not bring Muslims together. Far from it! Hudud also creates an unnecessary chasm between Muslims and non-Muslims. Islam should bring us together.

To Muslims the Koran is the word of Allah, its message for all mankind and till the end of time. That is a matter of faith. While hudud is based on the Koran it is not the Koran. The present understanding of hudud is but the version interpreted by the ancient Bedouins. It is the handiwork of mortals, with all its imperfections. We should not be bound by it but be open to more enlightened readings of the holy book.

We paid dearly for our earlier obsessions with race and nationalism. What would be the price this time for our fixation with religion? Look at the Middle East today. Ponder Nigeria with its Boko Haram. Contemplate being under the brutal ISIS, the messianic Talibans, or the puritanical Saudis.

We have yet to recover from our earlier follies with nationalism and Bahasa, yet we blithely continue making new ones with our current obsession on religion. The mistakes we make this time could well prove irreversible.

Dispense with this public fixation with religion. Instead focus on adil and amanah (justice and integrity), the tenets of our faith. We cannot be Islamic if we are devoid of both. This should be our pursuit, from eminent Malays to not-so-eminent ones, from Muslims and non-Muslims alike.

If our leaders do not lead us there, then dispense with them and pursue our own path forward. Unlike the earlier colonial era, this time there is no superior power except for Allah to guide us find and groom enlightened leaders. We are on our own. As per the wisdom of our Koran, Allah will not change our condition unless we do it ourselves.

Dr. M.Bakri Musa’s latest book, Malaysia’s Wasted Decade 2004-2014. The Toxic Triad of Abdullah, Najib, and UMNO Leadership, has just been released. It will be available soon at major online outlets like Amazon.com.

Musa Hitam Urges UMNO to make a stand on Hudud


March 22, 2015

Tun Musa Hitam urges UMNO to make a stand on Hudud

http://www.themalaysianinsider.com

Musa HitamUMNO should make a stand now on PAS’s hudud and not pretend to be surprised with the Islamist party’s push for the implementation of the Islamic criminal law in Kelantan, says Tun Musa Hitam.

The former Deputy Prime Minister said hudud is not suitable for a country like Malaysia, expressing his disappointment over UMNO’s slow response on the issue.

“I am disappointed that UMNO appeared to be shocked (by PAS’s move) and until now have yet to decide on its stance. I have been worried about this for some time,” he said in a statement from Cordoba, Spain.

“UMNO must take a firm stance. This national issue has a very long implication to the country, both domestically and internationally,”

He said as UMNO could not afford to be seen as trying to outdo PAS on this issue.”Don’t try to be more PAS than PAS themselves. UMNO should not be trying to out-PAS PAS!”, he said.

With PAS’s partners, DAP and PKR deciding not to support PAS’s hudud bill should it be tabled in Parliament, the onus is now on UMNO and Barisan Nasional to clarify whether it supported the bill.

Prime Minister Datuk Seri Najib Tun Razak is expected to make an announcement on BN’s stand on PAS’s hudud soon. Several BN component parties had given their views during the recent meeting and it was up to the Prime Minister to disclose it.

Musa, who is also the former UMNO Deputy President, said when it comes to hudud, the people should not be surprised with PAS’s hudud bill as the party has been championing the issue consistently for a long time.

“And to the opposition parties in Pakatan Rakyat, do not pretend you are not aware of it too,” he said. At the same time, Musa reiterated his stance that hudud is not suitable for a country like Malaysia.

“As a former UMNO leader, I strongly believe in my heart that since its establishment until today, UMNO’s stance too has been that hudud is not suitable for a multi-religious, multi-racial country like Malaysia,”

Musa said that if he was wrong about it, UMNO should make a decision on its stance immediately and not brush off the matter. “The nation will not the only one that is going to pay for the consequences, UMNO too will feel its bad effect, more so that it has served the country for so long, Do not let this destroy UMNO from within… don’t self destruct.” he said.

PAS Pesident Datuk Seri Abdul Hadi Awang is seeking to table a private members’ bill in Parliament during the current sitting ending April 9 to enable Kelantan to implement amendments to the state’s hudud laws which have drawn outrage from his own PR allies.

The conservative Islamist leader sent a notice to Parliament on March 18, after the Kelantan state assembly unanimously approved the Shariah Criminal Code 11 1993 (Amendment 2015), or hudud bill.

Hadi’s notice, which was confirmed by a senior party leader who said it was to amend Act 355 (Shariah Courts) which limits the powers of the court and is an impediment to implementing the hudud law.

Act 355 or the Shariah Courts Act (Criminal Jurisdiction) 1965 limits the shariah courts to a maximum penalty of RM3,000 in fine, five years’ jail and six strokes of the rotan.

An amendment is required in this law to enable the Kelantan hudud amendments to take effect. However, PAS allies PKR and DAP say hudud laws are not part of Pakatan’s common stand.

http://www.themalaysianinsider.com/malaysia/article/no-shock-surprises-with-pass-hudud-says-musa-hitam

Why Not Hudud


Why Not Hudud

by Hafidz Baharom@www.malaysiakini.com

I have Kelantanese relatives based in Kuala Lumpur. I have a Kelantanese mother, so that explains pretty much where I am coming from.

Throughout the years, many have tried to get me interested in my Islamic faith, from Quran lessons at the Iqra’ Institute to my name suddenly appearing on the registration roll for a religious school which I did not attend.

Karen Armstrong Latest Book

Instead, my interest in religion was catered for by a book my father bought. It was ‘The History of God’ by Karen Armstrong, a book that Malaysia had banned until she came to Kuala Lumpur. My interest was then further piqued by Reza Aslan’s ‘No God But God’. And thus, these two authors – a former nun and a Shiite – are pretty much my go to reads on religion.

Aslan’s book detailed how even the early scholars of Islamic jurisprudence found themselves tortured by the very people who were tasked to implement ‘God’s Law’. Armstrong’s latest book, ‘Fields of Blood’, details how religion itself left a bloody trail in history from the definition of scapegoat all the way up to the schisms in religion.

Every historian highlighting the Crusades from a Christian point of view have highlighted the phrase that launched their armies to the Holy Land; God wills it. Those three words have been the scapegoat for the murder of intellectuals and scholars, the hanging of African-Americans during the age of slavery, the decapitation of people in Saudi Arabia, the burning of a Jordanian pilot in war-torn Syria and now, the passing of hudud law in Kelantan.

In each and every case, God is used as a justification for violent treatment against mankind, from maiming to hanging to amputation, decapitation and even having a human barbecue. The exact same reason was paraphrased to establish Israel at the expense of Palestinians, inevitably launched the Second World War, and even the attacks in Paris.

Hadi3
Hudud is his Only Political Capital
And now it is being used in Kelantan. Personally, I have no idea if what was passed by the Kelantan state assembly is even constitutional. A similar case that we could see with the denunciation of slavery and the secession of Confederate states that led to the American Civil War.

Even then, one side had argued that slavery was a God-given right. Similarly, I would wait for the law to be put to the test. Will the people of Kelantan all around Malaysia found to be in offence of their laws be dragged across state lines to be held accountable, similar to how slaves who escaped were dragged kicking and screaming across the Mason-Dixon Line?

Leading to a schism?

Will we see other states suddenly legislating against these actions and thus, leading to a schism which will lead to a similar separation as America experienced? Unfortunately for us, we don’t have a Lincoln who would threaten a civil war or an end to the hudud implementation.

Instead, we have a toothless federal government which has done nothing but remain mum, even when a woman in the media is getting death threats for speaking up against this ridiculous topic. And this is exactly how I perceive hudud law; a ridiculous topic.

Kelantan is one of the poorest states in the federation of Malaysia. It has seen its natural resources plundered for the wealth of the few and for all its talk of being ‘Islamic’, there is nothing Islamic about inequality in wealth and opportunities which the state suffers greatly from.

A quick look at the statistics provided by the relevant authority shows that the state has an increasing number of its population venturing out to other states to pursue education and jobs.

So I only have this to say to the members of the Kelantan state assembly; if you truly see value in implementing God’s Law, have it apply on yourselves to the fullest extent before applying it to anyone else.

God’s law dictates you pay true tithes on your business and empty out your baitulmal annually and give it to the poorest of your people. Have you done so? God’s law dictates you are only lease holder for the Earth, yet I notice no such harsh penalties for pollution and illegal logging. Why is that?

There are many aspects of God’s law that is not even looked at or bothered by the Kelantan state assembly, and this would make them all hypocrites. So, what does God’s law dictate on these people? To be frank, it would mean their special privileges under Article 153 would all be revoked.

This is all, of course, the rambling views of someone who looks at religion from a historical aspect with a layman appreciation of Islam.

I was taught that to preach religion, one had to actually follow it to the letter before doing so. Thus, why would I support a law which I would never in my life follow to the letter, Godly or not.

After all, not everyone in this country even believes in the same God, let alone the existence of a god. As such, do you punish someone who does not even believe in the same fate you do that awaits them? What if you’re wrong? And the most important question of all; what if you’re wrong? Would you be willing to bet your afterlife on your actions?

This is basically the main point of God’s covenant in all laws He so dictates. It’s a risky thing to bet your life, it is truly another to bet eternal damnation for your wrongdoings.

I’d rather not bet the wrath of my deity on punishing others while I myself do not adhere to His will. But since Kelantan wishes to do so, I hope they have considered the consequences of such a covenant.