UMNO, PAS and the hudud debate
UMNO keeps attacking PAS through state-controlled media in the hope that it would turn PAS and DAP against each other. Many too are waiting for PAS to fall apart before elections. At the same time, UMNO has not shown courage to respond to MCA’s repeated rejection of Hudud. It is more interested to keep deceiving Malay voters, ensuring they remain in the dark.
Tuan Guru Abdul Hadi Awang, Harakah
Hudud form one of several of Islamic penal codes, along with qisas and ta’zir. It is divine prerogative, as codified in the Qu’ran and mutawatir hadiths (whose chain of narrations is solid making them authoritative), detailing specific offences covered in Hudud, the punishments they entail and the grounds of punishment.
It is obligatory upon Muslims to firstly believe that Islam is the way of life. This obligation is not just upon PAS supporters but is required of all Muslims, whether they belong to NGOs or political parties, including UMNO. Although UMNO is party based on race which is only open to Bumiputera, Muslim and non-Muslim, its Muslim members are nevertheless bound by this conviction. They are obligated to believe in and act on Islam as the way of life according to the Quran and Sunnah.
Qur’anic verses revealed in Madinah as contained in such surahs as Al-Maidah and Al-Nur have touched upon the issue of crimes and punishments.
It starts with a strong call:
O you who believe, fulfil all contracts. (Al-Maidah: 1)
These contracts include the declaration of faith or shahadah, the most essential requirement in being a Muslim. It is the point at which one declares his belief in God and His Messenger.
[This is] a surah which We have sent down and made [that within it] obligatory and revealed therein verses of clear evidence that you might remember. (Al-Nur: 1)
It is a must that the implementation of Islamic law which incorporates hudud, qisas and ta’zir is carried out through a just system of judiciary. It is prohibited that they are implemented spontaneously by mere individuals or families or even by officials at district or state levels, without first having a proper structured system in place. This is especially so in Malaysia, where Islamic law is implemented by virtue of political power. This is not so different from the time of the Prophet (peace be upon him) when he was unable to implement Islamic law in the absence of political power during the early years of Makkah. Such a power was vested in him in Madinah, where Islamic law was supreme under the auspices of a sovereign state and a comprehensive legal system.
A multiracial and diverse society is not a hurdle for Islamic law; many verses in the Qur’an have been revealed specifically for the purpose of explaining the law to non-Muslims in Madinah who objected to Hudud. The Prophet did not wait until everyone in Madinah agreed or understood the law before implementing it, and ultimately, this understanding came together with implementation. The social effects of Islamic law have demonstrated to the suspecting non-Muslims in Madinah that it is just and effective in controlling crime and creating a sense of security in society.
We must not forget that even though Islamic punishments are harsh, the punishment thresholds are proportionately higher. The burden of proof that the accuser or the prosecutor has to bear is more stringent than that in most civil laws. A slightest shadow of a doubt would lead to acquittals from being subjected to Hudud punishment, and could lead to a clean acquittal or a sentence based on the principle of ta’zir (punishment meted out at the discretion of the judge). Ta’zir ensures that Hudud is not rendered ineffective due to its stringent application. In a way, it also ensures out of court settlements. That was why some criminals had indeed escaped Hudud during the times of the Righteous Caliphs, not because the authority deliberately dropped the Hudud, but because the ta’zir was opted instead.
PAS has ruled Kelantan through democracy and adherence to federalism, in the same way it once ruled Terengganu. This is in contrast with UMNO which had undermined the principle of federalism, punishing the people of Kelantan over their choice of government. Faced with Federal pressure, PAS has consistently fulfilled its obligation to implement Islam as the way of life. These efforts culminated in the passing in Kelantan of the Shariah Criminal Code enactment at the state assembly. Kelantan has also implementing several Islamic laws at the municipal level, including the prohibition on gambling and the limitation of liquor to only non-Muslims. PAS has at the same time taken every care to respect the inviolable freedom of non-Muslims.
The process of compiling the Shariah enactment was done with the help of legal scholars and experts, and publicised to the public before being debated at the state assembly level. Political parties and NGOs were invited to debate the enactment. PAS members of parliament had several times sought to amend the constitution but stopped by the Standing Orders of the Dewan Rakyat and their motions were deliberately placed at the bottom of the agenda, making them unlikely for parliamentary approval.
PAS is determined to uphold its objectives through democratic channels and political alliances, as allowed by Islam as well as the party constitution. In the same spirit, PAS respects and acknowledges the differences of opinions among its allies in Pakatan Rakyat, and subscribes to a common policy platform to battle corruption, power abuse and oppression. In the past 50 years, Barisan Nasional at the federal government has shown little determination in bringing useful reforms where needed, instead, power play has become a central agenda.
UMNO is the largest component in BN, and it drew votes from the Malay Muslim community at every election. It controls governments at state and federal levels, is in charge of national institutes such as the Institute for Islamic Understanding Malaysia (IKIM), the National Fatwa Council, the religious departments in most states and various institutes of higher learning. With all the resources and opportunities at its disposal, there is no doubt that UMNO bears a bigger responsibility to implement Islamic law. Clearly, this has only been used as UMNO’s political tool against PAS to manipulate voter sentiments.
After more than half a century at the helm, UMNO should have been aware of its obligation to uphold Islamic principles, at the very least to nurture understanding of Islam among its allies in BN. If that obligation has been fulfilled by UMNO, PAS would be more than happy to support efforts to implement Islam, which include the fight against corruption and for justice in society. In such a situation, it will even be wrong for PAS to oppose UMNO, or any other BN components for that matter. Unfortunately, there is no sign that UMNO even wishes to go in that direction. In fact, it was the top UMNO leader who delivered the ultimatum to Kelantan to stop the implementation of Islamic law.
A Muslim’s failure to fulfil the duty of implementing God’s law amounts to a betrayal of God and His Messenger. The effects of such betrayals are clear for us to see; crime is on the rise, mainly due to the ineffectiveness of the current legal system to combat crime, and yet we continue to support the retention of such a flawed system.
UMNO keeps attacking PAS through state-controlled media in the hope that it would turn PAS and DAP against each other. Many too are waiting for PAS to fall apart before elections. At the same time, UMNO has not shown courage to respond to MCA’s repeated rejection of Hudud. It is more interested to keep deceiving Malay voters, ensuring they remain in the dark.
The culture of subservience to UMNO must be ended. It is time that we rise to be better and more dignified. In that spirit, PAS will continue to welcome support and not be deterred by any obstacle, wherever it may come from, in order to uphold Islam. Because we believe that Islam is the way of life.
