The Possibilities and Implications of Implementing Hudud
By batsman
Perhaps it is time to look at this issue seriously and objectively rather than give in to irrational fear of Hudud or irrational faith in Hudud. Hopefully then the bluff and counter-bluff as well as the political wayang kulit can be dispensed with. Sometimes (but not often) asking just the right questions can put irrational fear to rest.
The first consideration of course is – what is Hudud? Since RPK has already given an excellent exposition of this there is no need for me to go further into it.
The next greatest consideration and greatest worry for some is how can the rights of the non-Muslims be guaranteed under Hudud? How can non-Muslims be protected from both over-zealous Muslims as well as predatory Muslims? How can the non-Muslims be assured that not only their rights are protected but their full potential and skills in building prosperous and happy lives for themselves be fully expressed under Hudud?
This must be addressed as not only the needs of the Muslims in a multi-racial and multi-religious society need to be assured, the needs of the non-Muslims also need to be assured. This is the only way to protect the name and practice of Islam as a universal and just religion.
The next consideration is – will Hudud when implemented slowly extend itself into the full 9 yards of Islamic law and jurisprudence and how will it impact not only on the non-Muslims but also existing secular law especially commercial, land, civil and criminal laws? Since this consideration involves years of education and persuasion and even then may not be successful, the most practical solution is to have a practical test case where people of all faiths and religions can see for themselves how Hudud works in practice without too much fuss of education and persuasion and perhaps needing only some explanation.
Further even among Muslims, there is some disagreement over many issues and it remains to be seen which version of Hudud will be implemented. This can best be seen in practice when it is actually implemented rather than argue till the cows come home. Consideration needs also to be given to the Shiites whether they will be recognized and accepted as with other sects.
Having said all of this, the possibility of implementing Hudud is real and immediate contingent only upon answering the questions of the non-Muslims satisfactorily as well as the agreement of all parties involved and Kelantan can be the test case.
Since UMNO claims to be Islamic, all it needs is for the issue to be put up in Parliament, where if DAP and PKR agree, there can be not only two-thirds agreement but 100% agreement.
Of course if this becomes reality, some implications need to be understood beforehand so that there are no accusations of “forcing non-Muslims to eat cake”.
For one thing, it might be required that the secular judicial system in Kelantan be dismantled and withdrawn and the law courts handed over to Hudud judges. Of course this is contingent upon whether both civil law and Hudud law are to be practiced together or law in Kelantan will be fully Islamic law and jurisprudence.
In addition, the decision still has to be made whether a non-Muslim trained in Islamic law and jurisprudence can sit as a Hudud judge and not necessarily only practicing Muslims qualify. Similarly, can the Menteri Besar be a non-Muslim so long as he/she implements the law correctly and in good faith?
It might also be necessary for the Federal government to give up control of the police force in Kelantan and hand over control to the state government even though their salaries still need to be paid by the federal government (perhaps even through the state government). I think this will be the most easily implementable and least objected to by the Malaysian public. The same may need to happen with a few other federal controlled bodies, but not all.
Kelantan’s right to issue Islamic currency which will then be used together with Malaysian Ringgit as legal tenders may have to be recognized.
Kelantan’s oil rights may need to be recognized in full and the oil companies may have to re-negotiate oil concessions again with the state government instead of the federal government, with all income deriving from oil rights going to the state. The state then may condescend to give wang ehsan or charity from oil money to the federal government if it wishes to do so.
As part of my own personal wish list, perhaps Kota Baru can then be made the capital of Malaysia by act of Parliament at the same time as Hudud is implemented in Kelantan.
These and many other considerations and implications need to be well understood including things like taxes and duties. Nothing may be rushed and some things covered up or hidden in the haste.
When everything is clear and above board and presented to the people of Kelantan as well as Malaysia, I think the voters in Kelantan will opt for Hudud law. I don’t think there is a big issue here. The BIG question is – after seeing all of this; will the voters of Penang salivate and plead for it? Perhaps the results of the 13th GE will be a deciding factor but certainly not the 1Malaysia advertising campaign. heeheehee
