Monday, May 5, 2014

The implementation of Islamic Law of Hudud and Qisas in Malaysia has always been a sensitive and controversial topic. Since the independent of Malaya in 1957 and after the formation of Malaysia in 1963, Malaysia by its constitution has always been a secular country even though Islam has been acknowledge as the official religion of the federation. Malaysia is a multi-cultural and multi-religious society where Muslim only formed around 60% of its population. Due to the fact that Malaysia's colossal neigbour, Indonesia where more than 80% of its population are Muslims does not implement Hudud, gives Malaysia's leaders a good scapegoat to not implement Hudud in Malaysia, and always been stated that Malaysia is not conducive for Hudud to be implement. Until now that is, especially when Malaysia's small neighbour, Brunei Darussalam have announced the implementation of Hudud starting officially on May 1, 2014. Even though small in size, the demographic of Brunei is similar to Malaysia where there exist a sizable numbers of non-muslim population.

The fight to establish an Islamic State in Malaysia has started as early in 1940s during the time of Hizbul Muslimin. The mission is now still continued throughout the pre-independent period of Malaya by Pan-Malayan Islamic Party (PAS) and until now, it is still stated in the party's constitution and currently the sole fighter in Malaysia whom fights to establish an Islamic State in Malaysia. The implementation of Hudud in Brunei gives sudden momentum to PAS to implement Hudud in one of Malaysia's State, Kelantan. Kelantan since 1959 has always been PAS, and after the State falls to PAS again in 1990, the State has become the only State in Malaysia which still retains a strong conservative Islamic-Malay influence, also known as 'Serambi Kaabah' or the veil of Kaabah. And the announcement by His Majesty the Sultan of Brunei of Hudud implementation in Brunei has gain PAS's momentum of political will where PAS's MP wants to proceed of Hudud implementation in Kelantan through a Private Member Bill in Malaysia's Parliament this August.

Even though PAS MP does not represents even a plurality in Parliament, the other Malay party which still have a strong Malay support, UMNO have announced that it has never against Hudud and will support it when the Bill is presented in the Parliament. Meanwhile, other non-malay based parties specially DAP and MCA has announced openly that they are against Hudud. Nevertheless, MCA depleted numbers of seats in Parliament and even doesn't have any representatives in the Prime Minister's Najib administration left DAP as the only strong voice that against Hudud. The outcomes is extraordinary almost win situation for Hudud implementation where the combination of UMNO-PAS only needs another 4 MPs supports to gain Simple Majority support (if Sabah's UMNO members are in favour of the bill).

The public on the other hand have mixed feelings for the implementation. Most of the Malays are in favour of the bill, especially with the successful hudud's implementation in Acheh and Brunei. Meanwhile the non-malays are against the implementation, even though several factions are in favour of public sentences of hudud.

Personal Opinion

For me, the idea of Hudud Implementation should be not limited in Kelantan, but should covers at least all the Malays States of Kelantan, Terengganu, Pahang, Johor, Negeri Sembilan, Selangor, Perak, Kedah and Perlis. I am in favour of the Bill not just because I am a Muslim, but also because this is the only laws that can ascertain the safety of the community as a whole. Human Rights activist has always against the Islamic Laws under the name violates the human rights, but, for me, the laws is the only laws that can ascertain my rights as a citizens.

For example, thieves who sentences in Islamic Law for stealing, his hand will be cut. But, it is not as easy as that to cut someone's hand. His acts must also by his own free will, not mentally ill, not because of desperation, and there must be a certain value of the stealed properties equal to the value of certain amount of gold, as must be in a well-protected place. If one of the requirements is not met, the Hudud sentences will be drop and he will be sentence by Ta'zir (other sentences stated by act) law. Whether or not we have the political wills to do it, lets us pray and look in the upcoming Parliament Seating.



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