Reject hudud before it destroys our lives


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In Malaysia religious and controversial topics like the Islamic penal code elicit six responses, all of them imperfect

Mariam Mokhtar, Free Malaysia Today

How often have Muslim clerics, the National Fatwa Council or the Islamic institutions spoken against corrupt and immoral leaders? How often have they highlighted the injustices, in particular the deaths in custody or the murders of people who are linked to the echelons of power? When did they last criticise people who openly abuse power?

Those of us who oppose hudud do so not because we are anti-Islam but because we do not trust the people who will implement hudud. In Malaysia religious and controversial topics like hudud elicit six responses, all of them unsatisfactory.

First: Those who hate Umno Baru will say, “Bring it on! We want to see hudud being used on Umno Baru ministers and politicians. Let us see how they will cope without limbs!”

This is just wishful thinking. Thinking without any rationality does not help the debate on hudud. No-one in the Umno-Baru elite has been punished for the thousands of injustices perpetrated today, from rapes of maids to “rasuah”, or theft of taxpayers’ money to the taking of lives by powerful people.

Criminals escape punishment not because we have insufficient laws, but because the laws are not enforced and our judiciary is corrupt to the core. Umno-Baru ministers have always escaped punishment. Who honestly thinks that hudud will escape manipulation?

Second: Those who propose the implementation of hudud claim that hudud will result in a crime-free (or relatively low crime) state. Wrong! Which nation under hudud has a low crime rate, negligible rape and no corruption? PAS Kelantan cannot perform miracles.

Corrupt leaders and institutions thrive because the systems to check them, have failed. They fail because the people who should be enforcing them are not trustworthy or have a secret agenda. Once we start to administer laws without fear or favour, crime rates may drop.

Third: If you are a Muslim and you oppose hudud, it means that you are going against Islam. Nothing could be more insulting to any decent God-fearing Muslim. Islam encourages the acquisition of knowledge and encourages debate, but Malay Muslims appear reluctant to engage in intelligent discourse. Why?

In Malaysia, Malay Muslims accept archaic laws or traditional thinking and beliefs without question. Last month a retired judge criticised the presence of large statues at the entrance to the Batu Caves and in Penang. In Egypt, the land of 95% Muslims, few worry about the presence of the Sphinxes.

Kartika Dewi Sukarno was charged with drinking beer in a public place. She was treated like someone who had committed a heinous crime, like murder. The Muslim clergy wanted to make a showcase of her, by punishing her with whipping even though civil laws prevent women from being whipped, in Malaysia.

Soon after, three women were whipped in secret, for having extramarital sex. No details are known of the men. The government was afraid of a backlash like the Kartika case. The three women and Kartika were punished, whereas well-connected people who drink freely, and fornicate in five-star hotels and exclusive clubs in Kuala Lumpur escape scot free.

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