Sunday, March 22, 2015

Of Hudud revisited...

I have made it clear in my last post that steering away is not an option.

Whilst the post talks about the possible actions from various political entities, I have purposely leave out the rest as I see it as personal matters. However, some learned individuals go beyond and make a public stand on Hudud.

I am not a lawyer but I will try my best to counter what some says...

Malaysian Insider run a story that "Hudud can be challenged in court if passed, lawyers say". What are their arguments? :-

Bar Council constitutional law committee chairperson Firdaus Husni views :-

1. the current framework of Malaysia's Federal Constitution did not allow for hudud implementation, based on several articles;
2. Article 8, on the equality of all persons;
3. Article 7, which stipulated protection against retrospective criminal laws and repeated trial;
4. Article 3, which stated that Islam was the religion of the federation does not mean that 'Malaysia is an Islamic country and hudud, therefore, must be implemented";
5. the 1993 Supreme Court case held it to mean that Islam in the context of Article 3 only relates to rituals and ceremonies;

Constitutional lawyer Syahredzan Johan said :-

1. implementing hudud would go against the constitution's provision on equal protection under the law and non-discrimination;
2. hudud would introduce different penal laws for Muslims and non-Muslims in Kelantan, if it came into force;
3. different penal laws for Muslims in Kelantan and Muslims outside the state;

My turn...

Islam is a way of life. When a person profess that "I bear witness there is no god except Allah and Mohamad pbuh is His messenger", he places himself under Islam and will adhere to the teachings. One of the basic tenets in Islam is Solat (prayers)..

In the beginning of solat is the doa iftitah where translated means "
"Allah the Almighty, the Greatest of them all;
•All praises be upon Him;
•Allah The Most Exalted of them all, all day and all night;
•I stand before The One Who created the skies and the lands;
•I am ready to leave my fate in Allah's Hands;
•And I am certainly not among those who associate Allah with other beings;
•Indeed my Solat, my good deeds, my life and my death; I leave it all in the Hands of Allah; who administers the whole universe.
•He has no rival nor parallel whatsoever; and I have been ordered as such; and I am from those who embrace Islam!"

Note the sentence "Indeed my Solat, my good deeds, my life and my death; I leave it all in the Hands of Allah; who administers the whole universe" That's the ikrar where Muslims put themselves in the hands of Allah.

Now, when Islam is mentioned as a way of life, it covers the economic, legal, society, religious etc. This is where the difference set in as compared to other systems. In others, there is a separation between religion and social or what we now know as secularism. Hence, without the wholsome system as offered in Islam, man tends to build their own sets of laws based on human mind and further dictates what is human rights as they perceived it.

Think, who is better to provide the manuals to govern humans - humans or his creator? Of course, the answer is the Creator as he knows what is the limits and the extend of His creation. That said, how do the set of laws for humans are made?

Prophet Mohamad pbuh has said which is roughly translated means " I have leave behind me two things which , if you follow, will keep you from straying from the path of Allah ie Quran and my hadiths". What is hadiths ? Hadiths is a collection of Prophet Mohamad's sayings as well as his actions properly recorded by his companions. Hadiths are authenticated by those who learned Hadiths and has strict set of rules to avoid false hadiths from being recorded as one.

With Quran and hadiths, the sets governing Islamic laws ie Hudud is clearly defined. It is not something thought of in the 21st century!!!

When I started to write this blog, I was about to take a tougher stand on the issue but then again..I realise that some who are of the same faith as mine may not be well informed of Hudud. An Islamic scholar termed them as "ignorant" or jahil. They may be authorities in their own rights but they are not well versed in Islam. As such, it is no surprise when they use their knowledge using their secular background to reject Hudud. What they need to do is to admit their ignorance and talked with Islamic scholars to understand more on Hudud. What is most important is to break the first resistance - what I termed as ego. Worse is when someone want to talk something about things they do nt know. That, my friemds, I call as "bodoh sombong"...

For most, Hudud is just cutting arms and legs...frankly it is just not that. In any trials concerning Hudud, the state has to ensue that it has given all the necessary tools for a Muslim. That means, the state has to ensure the economic well being of the people within the state and has provided all the necessary education to make them familiar with the system. You just don't cut someone's hand just because he is forced to steal!!!

What more, Hudud is not applicable to non-Muslims. So, apa lagi DAP/Gerakan/MCA mahu?? Even during prophet's times, a non-Muslim has the choice to be trialled under Hudud or his own set of laws.. That said, Hudud is non-enforcable to non-Muslims.

It is PAS' determination from beginning to introduce Islamic set of laws for Muslims. I have no issue with that. In fact, nobody should have an issue with that as it is for the betterment of the society as a whole. What I fail to understand is when PKR declares that it will not support PAS in mplementing Hudud in Kelantan.

Anwar Ibrahim, Ketua Umum PKR is a former ABIM leader. He was one of the respected person in Muslim youth movement decades ago. When his wife and his party PKR take the stand to not support Hudud, can we say that PKR is anti-Hudud? If that is the case, my pity to those Islamic MPs' within PKR who has to go against their syahadah and prayers doa to please Anwar?. May I ask, who is their kiblat? Anwar/PKR or ISlam?

I understand DAP's stand because they are seeking for Malaysian Malaysia. To DAP, they are talking about equal rights regardless of race, religion. However, DAP may need to review their stand.. is going to be a milestone in Malaysia history. To me, I hope PAS will go ahead with their inspirations and let's exposed those within their own party who are non-believers in Hudud. Once identified,let the party members decide what's best to deal in the situation comes June 2015.

It is also a hikmah when Hudud will expose who among the Muslim MPs' who are for or against Hudud. I know, parliament may shoot down PAS hudud inspiration for Kelantan. let them do it and let the record shows who are real fighter of Islam and who are masking in Islamic face.

I am not going to dwell on the beauty of Islamic system..not this time. uffice to say that if Islam is not the better system, why are more and more using Islamic banking as their financial tools???

Till then...G'nite M'sia...wherever u are...

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