Hudud and Malaysia

English: A green version of http://commons.wik...
English: A green version of (Photo credit: Wikipedia)

Thanks to the limited knowledge gleaned during my Islamic Law class, I’ve come to form my opinion on the situation and it is really simple: all sides are talking about different aspects of the same issue. As a result, the message to the public is one that is thoroughly confused and pushes everyone back into their own corners, in fear.

On one side, we have PAS who are adamant that Hudud has to be implemented in Malaysia, no questions asked. This position is simple to understand once we realise that Islam encompasses all aspects of life, not just religious rituals. That is why we have such things like Islamic Finance and Law.

For a person’s faith to be complete, they must accept all aspects of Islam, including the complete implementation of Islamic Laws – lock stock and barrel. It’s an essential item of faith. Therefore, it is necessary for all Muslims, including those in PAS, UMNO or otherwise, to accept Islamic Law.

This is the hard-line stance taken by PAS leaders.

That said, it’s not wrong to question the details and implementations of these Laws. In fact, such things are explicitly welcomed. While the Quran lays down general principles of Law, it is often sparse on details, leaving these to be filled by man. It is also important to take stock of present cultural and/or societal norms into consideration.

In the case of Malaysia, this often means taking into account the wishes of the large minority of non-Muslim people in the country. While one may argue that Islamic Laws only apply to Muslims, it is enough to observe current events in our country to know how this separation quickly becomes messy in real-life.

This is the song sung by the UMNO leaders.

Then, the general view of most non-Muslims that Hudud is a Bad Thing and is against our core ideas of justice, right and/or wrong. This view is further strengthened by the Constitutional argument that our country is not an Islamic State. As a result, Hudud cannot be implemented in Malaysia.

Let’s not forget that Islamic Law is already part of our legal system. Whether or not Hudud ever becomes Law in Malaysia is a question that is to be answered by the future generations. Maybe a day will come when everyone in the country can accept it. Then, introducing it would merely require a Constitutional amendment.

However, for now, I would ask that we sort out the legal mess that is our dual-legal system first. Until and unless we can work out all the kinks and loopholes, it would be folly to try to stack more stuff onto the system.

So, my question to all those making so much noise about Hudud is simple – what are you going to do about fixing the current mess first. Then, we can talk about how Hudud can be implemented in Malaysia.

Published by

Shawn Tan

Chip Doctor, Chartered/Professional Engineer, Entrepreneur, Law Graduate.

One thought on “Hudud and Malaysia”

  1. I’m not too concern about Hudud, I’m more concerned with the aspiration of PAS to enforce Sharia in its entirety. The real question we should ask is where would we, the non-Muslims be, if Sharia were to be enforced in its entirety, for Sharia is not complete if the Dhimma contract is not enforced on to us. I would question PAS stand on Sharia more than Hudud. Hudud is only concerning on the punishment, whereas Sharia and the Dhimma contract is the one law that would ultimately discriminate against us, and effectively made the non-Muslims be forever in servitude to the Muslims in Malaysia.

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