‘Hudud takes us on path of no return’
The burden of proof required under hudud laws may indeed increase crime and victimise innocent party.
(Free Malaysia Today) – PAS’ hudud, if implemented, will take non-Muslims on a path of no return, warned MCA Religious Harmony Bureau chairman Ti Lian Ker.
He said though hudud supporters maybe happy and proud that they had fulfilled their divine duty if the laws were applied, he cautioned that in reality crime rate would remain same or worsen.
He further said that under hudud the burden of proof is heavier thus injustice may occur.
He stressed that non-Muslims could be charged for blasphemy by the time they had realised and start challenging the hudud enactments as its supporters would then claim it as “God’s law and that infidels should not challenge divine laws.”
“Once etched in law or practice, PAS’ hudud puts non-Muslims on a path of no-return,” Ti warned in a strongly-worded statement here today.
He pointed out that the rigid and the strict burden of proof required under hudud would make it difficult to prove a crime, which would let many offenders off the hook and even encourage more crime.
“It will not be easy to convict offenders or criminals and thus will give more freedom, courage and space for criminals and would-be offenders to commit offences,” he said.
He noted that in rape cases the burden of proof would be shifted onto the female victims.
He said requirement of four pious Muslim male witnesses, who must swear before the court that they have witnessed the entire process, and non-acceptance of circumstantial or scientific evidence would allow many rapists or offenders to escape convictions.
He added that hudud would disqualify two-thirds of Malaysia’s population, including women and non-Muslims, as witnesses.
“It spells doom for victims who are seeking justice,” said Ti.
In the case of an unmarried woman, who is deemed to have committed ‘zina‘ unless proven otherwise, he said would bring about grave injustice to rape victims who cannot produce four witnesses to testify against the rapist.
To make it worse, if the suspect was acquitted, he said the defendant or the victim would be charged for making a false report and face being stoned to death for adultery or intercourse outside marriage.
Thus, he said hudud cannot reduce crime or punish the criminal but may cause or subject the victims to suffer further injustice by becoming victims a second time of the system.
“It’s difficult to press charges because of the requirement for the strict evidence and disqualification of women and non-Muslims as witnesses.
“The reality is that the court hearing cases tried under hudud may not accept scientific evidence whether one is guilty or not.
“The prosecution will fail and fail again to convict repeated offenders.
“This would increase crime although officially crime rate would be lower than actual cases,” said Ti.
