Saturday, June 27, 2009

Crime : Jamil calls for hudud, MCA and Gerakan says no...so?

"Whatever proposal (by Jamil Khir relating to Islamic law) should not involve non-Muslims as what is covered by the Common law is sufficient.
What the people want is sterner punishment for snatch thieves. We can impose mandatory imprisonment of 10 years and caning to deter snatch theft, which is more effective," Wee Ka Siong (MCA youth chief)
"An aspect of the Hudud law or Hukum Hudud calls for chopping the hand of offenders who stole or snatched handbags. - Lim Si Pin (Gerakan youth chief)
I know it is not a nice feeling for a father to watch his son being caned but it has to be done by a judge - Sessions court judge

“I am asking the senior judge in the Kuala Lumpur High Court to look into it and take the appropriate action,” Tun Zaki Tun Azmi (Chief Justice)

  1. Preparing for the weekend, there are 2 news report that catch the attention of this scribe. Both are related to Malays and Muslims. It is not that it is biased posting but let's take it one step a time. So, here goes...
  2. First, Minister in Prime Minister's department, Jamil Khir Baharom suggested to use hudud laws to punish snatch thieves. For those who are not familiar, hudud laws is only applicable to Muslims.
  3. In an almost immediate response, both MCA and Gerakan youths rejected the call quoting

    "An aspect of the Hudud law or Hukum Hudud calls for chopping the hand of offenders who stole or snatched handbags.

    "We can make amendments to our criminal law if it is too lenient to deal with the increasing number of crimes taking place daily especially snatch thefts when victims were dragged from their motorcycles, resulting in injuries and deaths," - Lim Si Pin (Gerakan youth chief)
  4. On another front. a sessions court judge meted a rare court ruling when the judge himself will be caning 10 lashes on a sales promoter convicted of armed robbery. The caning will be done in the court premise.
  5. The caning will be carried out on 15th July 2009 in the presence of the convict's parents.
  6. That said, let's go to Jamil Khir Baharom's statement first. Steeped in army discipline, the former Maj General propose to use Hudud laws as part of the solution to snatch thefts. And, mind you that hudud laws are only applicable to Muslims.
  7. In no part did Jamil proposed chopping the hands of the convicted offenders. Lim Si Pin is the one who "interpret" the hudud laws concerning snatch thefts as such. Does this means Lim Si Pin is more "Islam" than Jamil? On what grounds did Lim issue the statement? Is he well versed in Hudud laws? The other funny thing is that why Gerakan and MCA youth jumped the gun in shooting down the proposal? Are MCA and Gerakan dictating what Muslims should do with their shariah and hudud laws?
  8. The scribe has yet to see the response from PAS, PKR and UMNO youths. Are MCA and Gerakan more efficient than PAS, PKR and UMNO youths combined?
  9. Jamil's proposal should be studied in-depth. How can it be implemented when the common laws are separated from the shariah laws. Apart from that, if Hudud laws , which are only applicable to Muslims are applied, how can we prevent Muslims accused of snatch thefts from declaring that they are no longer Muslims, just for the sake of avoiding the application of hudud laws?
  10. Jamils' idea is a novel idea and needs inputs from all, especially from the Majlis Ulamas. It may take years to reach the implementation stage but at least Jamil is trying ...So, let's hope Lim of Gerakan and Wee Ka Siong of MCA give Jamil the chance to work out something there. Afterall, before it can be implemented, it must pass the parliament and there MCA and Gerakan can voiced out their reasonings.
  11. On the judge's decision to mete out the rare judgement, can it be implemented? Will it be implemented? Will the human rights group come out in full force to support the convicted?
  12. This is a first in Malaysia. It takes a brave judge to mete out the judgement. Maybe, this is what Malaysia needs. Public caning for snatch thieves? Hopefully, it will be a deterrent move.
  13. However, knowing the Malaysian legal system, the defense lawyers will appeal the judgement and will go to higher courts. It may end up in federal court...and that takes time. In the meantime, how many more will be victims of snatch thefts? How many more will be injured? How many more will be dragged? How many more will die?
  14. Before someone out there crying foul and claims that it is an inhumane judgement, please study the case. A 16 year old boy has been relieved of his handphone, identity card and belongings. Not only that, the victim was also slapped and kicked. The convicted, in his appeal for leniency, said that he has chosen bad friends. He is 20 years old. Imagine a 20 year old man bullying a 16 year old kid. Can we afford to be lenient? If we can, then how much more should we be lenient? Where is the limit of our leniency?
  15. Updated - The Chief Justice has ordered the senior high court judge to look into the case.
  16. Snatch thefts is getting out of hand. Jamil has put forth a proposal and immediately shot down by MCA and Gerakan. The judge has meted out caning punishment. Let's see whether it can be implemented. If it can't, then we cannot blame the system for failing to protect the innocent and punish the guilty. If the caning cannot be carrioed out, then the blame shifted back to those who talk about leniency whilst at the same time lamented on the ever increasing snatch thefts....
  17. Let's go into the weekend, knowing that something concrete has been proposed. Let's see whether PAS, PKR and UMNO can sit down together to see how we go forth in implementing hudud laws regarding the snatch thefts, applicable to Muslims only....unless of course if MCA and Gerakan wanted the non-Muslims to face the same music as the Muslim offenders...Are you game MCA and Gerakan?
Till then...G'nite M'sia...wherever u are...

12 comments:

kluangman said...

Hudud hendaklah dilihat dari sudut 'pencegahan' dan bukannya hukuman atau perlaksanaan, ini akan mengurangkan penjenayah terdiri dari orang Islam.

Jika orang bukan Islam menolak cara pencegahan ini, biarkan mereka terus bergelumang dengan masalah.

nightcaller said...

Kluangman

etul tu. Hudud hendaklah dipandang dari segi pencegahan. Sebelum sesuatu hukum itu dijalankan, penjenayah terbabit akan diberi peluang untuk membela diri sementara mahkamah juga akan memastikan bahwa tiada unsur kezaliman berlaku.

Diharap cadangan Jamil mendapat perhatian serius dari PAS/PKR/UMNO. Mungkin ini akanmenjadi titik tolak kepada "kerjasama" antara ketiga parti itu dalam memertabatkan agama Islam dan hukum hudud...wallahualam...

ahoo said...

Yes, each and everytime HUDUD is mentioned, the issue of chopping hand and leg will surface ! As you had early mentioned, let us leave those issues to them that are entrusted with the power to decide and plan for the general welfare of all that are governed by it. In any case, nothing short of clear and precise laws should be used withour issue of ambiguity.

My personal reflection on this is that all offenders by given a chance of correction. Let them have true repentance and let society at large accepts them after their jail terms or after they have served their " community service sentences ". That to me is much more effective then canning, jailing or to the extreme cases of chopping of hands and legs.

Teach them, shame them if needed be and ensure we have good and proper programmes to re-educated them to rejoin society. Afterall, show me someone who have had never sinned in their life ? Unless he is God for that matter. Let true corrective measures be the hallmark of our society rather than purely punitive type as is the current method. Every wayward person should be given a chance to be corrected and rehabilitated with the main aim of self reform. Not our current system of not doing enough and also wrong corrective measure where drugs are even sold in some jails. How to correct a drug addict in that sense ? Likewise, how to correct a criminal when there are insufficient professonal manning the jail cells ? We need the right people to handle the right job and not just anybody to sit on these kind of job ( warden ). This is just one of my dream for a peaceful and caring Malaysia.

nightcaller said...

Ahoo

Maybe those hudud experts can call for seminar to explain hudud laws especially to Gerakan and MCA youths.

I support ur argument that the keyword is deterrence. Whatever punishment meted out should deter others from committing the crime. At the same time, the society must not shun the offenders as they should also be given the chance to redeem themselves. Of course this is not applicable to repeat offenders.

Fi-sha said...

Dear Sir

Birds of the same feather flock together
Why bother what MCA and Gerakan have to say anyway?

nightcaller said...

Fi-sha

I don't mind birds of the same feather flocks together...but snorkelling together?

I mean, they can have their views in issues relevant to them but to comment on something which they are not familiar and not part of is quite perplexing, don't u think? What if lawyers telling doctors how to operate? Just not right, isn't it? Whatever, MCA/Gerakan are trying to score some points through basketball net when thay are playing futsal...:)

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