The hurdles of hudud

In Malaysia, no one has the right to alter the status quo without common consent.

Karim Raslan, The Star

I AM against the implementation of the hudud law in Malaysia. Everyone should try and live according to the rules of their faith.

However, in a multi-faith society like Malaysia, criminal law must be neutral.

Societies can only be stable if their members trust each other. People must know they will be treated fairly regardless of their background.

One community’s set of values cannot take precedence over the others – no matter how great their numerical majority.

This line of thinking will be unacceptable to both die-hard secularists and religious fundamentalists.

But as long as we want Malaysia to be diverse and “Truly Asia”, then that is the way it has to be.

Unfortunately, the debate over hudud seems to keep popping up.

Make no mistake, PAS’ decision to postpone the proposed Private Members Bill that would have paved the way for hudud in Kelantan is just a temporary respite. Calls for hudud will keep coming back.

Malaysia is essentially polyglot. We’re deeply religious yet secular. We have a Westminster system of government but also an executive arm that keeps growing ever pervasive. Many people dislike this duality and hence the natural impulse is to push the country in one direction or the other.

But Malaysia is not an absolute monarchy like Brunei. Even so, it’s telling that many Bruneians – 70% of whom are Muslim – criticised via social media the Sultan’s recent decision to implement hudud.

In Malaysia, no one has the right to alter the status quo without common consent. That consent is lacking in Malaysia today.

Of course, there are those who will argue that no true Muslim can oppose the hudud.

However, it is also a fact that there is no universal consensus even within the Muslim world on what hudud constitutes or how it should be implemented.

Indeed, doesn’t the idea that hudud is a divine law mean that we have to ensure that it will never, ever be manipulated or abused? That it can protect the rights of women and minorities?

The proponents of hudud in Malaysia have not and cannot come up with convincing guarantees on these points.

Any hudud code they can come up with will hence only be forged through the prism of their own understandings – for good or ill.

Foisting these preferences on others is against the freedoms guaranteed by the Constitution.

It cannot be just for Muslims to be punished differently from others when they transgress.

Neither can non-Muslims be expected to adhere to a system of beliefs which they do not share.

It is extremely disappointing that the two major Malay-Muslim parties in Malaysia today – PAS and Umno – have failed to acknowledge these points.

PAS has always championed turning Malaysia into an Islamic state and hudud. That is their right in a democracy.

But its leaders should realise that the recent successes it has gained – particularly in the urban areas – were not due to this agenda but their championing of political Islam’s inclusive aspects.

These aspects, like good governance and social justice, will do more to bring about the ideal society that PAS seeks rather than punitive laws.

PAS can choose to live in the past or move forward. Its Pakatan Rakyat allies – PKR and DAP – cannot remain silent on this issue either.

As for Umno, this game of Islamic bait-and-switch it is engaging PAS with is downright dangerous.

The Umno I know was never a theocratic party.

Umno is sadly mistaken if it thinks that supporting hudud will give it an edge in the Malay vote. Its strength has been that in the past it did right by not only the non-Malays, but also Malays who did not fit into traditional stereotypes and moulds.

Umno is in danger of robbing itself not only of non-Malay support, but also that of moderate Malays.

The hudud law debate could hence cost both parties dearly. But the biggest loser, whatever the case, will be ordinary Malaysians.

Aren’t there other, more pressing issues – like improving our education system and addressing income inequality – that need to be addressed first?

Are the people calling for hudud law really concerned about the faith, or are there other agendas at work?

I will let you be the judge.

 

Karim Raslan is a regional columnist and commentator. The views expressed are entirely the writer’s own.