November 14, 2011

Hudud jer?

HUDUD

Anwar Ibrahim says yes!
and no..
eh wait, no.. no.. he's saying yes!
Wait, what?
I don't even want to comment on that. you can check what he says here:
http://www.malaysiakini.com/news/180846
But if you don't want to that's fine, it's still too early in the week to be this confused.

I'm taking Islamic Criminal law for my internal elective in the faculty of law of University of Malaya.
And in my capacity as a student, this question of hudud implementation is, in my opinion, is puzzling.

First of all, they refer to it as Hudud. Did you know that Hudud is just a small part of Islamic criminal law?

I won't go around telling you what is Hudud and all, you can borrow my book if you want.
You know what? let me touch on that.
Guys, go pick up a book. An academically based, well researched book.
Why? Because people tell you all sorts of things about hudud and when they say it's consistent, or it's incompatible, it's merely an opinion. Unless it comes from someone of authority.
You know what that means?
You, yes you, can have your opinions yourself.
Wouldn't it be odd and self-demeaning to have your opinions based on other people's opinions?
Read a book, form your own opinion on the matter and if you choose to support or otherwise, at least it's with good back-up.

Now back to the topic.
Did you know that Islamic criminal law includes Hudud, Qisas, & Takzir?
Why are the politicians only arguing on the issue of Hudud?
Besides, Hudud is not what Islam say is wrong, it's just the form of punishment. More people should get this right.

Do they know how small is the jurisdictions of crimes under Hudud?

It's so small, I can list them right now. Apostasy (for Muslims), consumption of alcohol, illegal sexual intercourse, stealing, robbery, and false accusation of illegal sexual intercourse.

I think the crimes under Hudud are quite critical and they lead to other problems in society such as baby-dumping, killing people on the streets because they drove drunk, and dishonest business dealings, which are also illegal.


Murder and causing hurt is under takzir, a special law under Islam where there is a provision of forgiveness.
Hudud is interesting because the punishments are specific and they are set out in the Islamic divine book of Al-Qur'an, that's why the Muslims are standing up to it sternly.

Furthermore, Hudud is more towards correcting society's ill. No severe hudud punishment will meet an offender when the circumstances are unjust, such as when there is a lack of legal education and a lack of necessity or employment provided by the government that force some people to steal or to commit other crimes.

A lot of people look at Hudud as a preventive measure, the punishments are so severe that people would not even think about committing a crime, which is what we want anyway, right? The punishments are carried out in public if proven guilty, further strengthening this contention. I have relatives in Brunei, they implement Hudud.. Do you know that most of them live without the need to have a gate in front of their houses? The community there is that safe.

How about the other crimes, outside Hudud and Qisas? Well that's under takzir and under this, it's the full jurisdiction of the authorities. The punishments, in theory, can be as little as a pinch to a death sentence. Local conditions are first looked into before punishment is handed down. So that means, our local laws can be used to govern these laws.

We have hundreds and hundreds of crimes under the Penal Code right now. It doesn't even have to be repealed if we go full-stretch in implementing Islamic criminal law, we just amend a few things. But again, this is my opinion.  You can have your own.

Know what.. I dare you to have your own opinion.


1 comment:

  1. Well said. I agree with you. The word hudud is thrown around like a joke nowadays. As sad as it might be, there are plenty of our brothers and sisters in Islam that are still ill-informed on this matter

    ReplyDelete

Thanks weyh bagi comment.